The Election Committee is a Hong Kong electoral college, the function of which is to select the Chief Executive (CE) and, since 2021, to elect 40 of the 90 members of the Legislative Council. Established by Annex I of the Basic Law of Hong Kong which states that "the Chief Executive shall be elected by a broadly representative Election Committee in accordance with this Law and appointed by the Central People's Government (State Council)." It is formed and performs its selection function once every five years, even in the event of a CE not completing their term. The membership of the Election Committee was expanded to 1,500 under the massive overhaul of the electoral system in 2021. The Election Committee has been criticised for its "small-circle" electoral basis and its composition favouring pro-Beijing and business interests.
History
The Sino-British Joint Declaration of 1984 provides that the Chief Executive "shall be selected by elections or through consultations held locally and be appointed by the Central People's Government. The system of Election Committee established in the Basic Law to provide an indirect election for the Chief Executive by a 'broadly representative' Election Committee." Besides the first Chief Executive was elected by the 400-member Selection Committee, all Chief Executives since then have been elected by the Election Committee.
The New York Times wrote that sectors that were politically closer to Beijing, such as traditional Chinese medicine, were over-represented in proportion to their share of the population, when compared to sectors deemed hostile, such as social workers or lawyers.
Since the electors must serve for no more than five years, a new election must occur, and the Chief Executive resignation would cause an interesting matter of timing, as to whether the old or new college of electors would select the new Chief Executive.
From 1998 to 2012, the 800 members of the Election Committee comprised 664 nominated from the sectors of the economy, 40 from the religious organisations, and 96 ex officio members taken from the government. The number of members of the Election Committee increased from 800 to 1,200 after the breakthrough on the electoral reform in 2010 for the 2012 Chief Executive election. After a nine-hour debate on the consultation document, the resolution which increased the size of the Election Committee won endorsement at 2:20 p.m. on 24 June by the legislature 46 votes to 13. Ten pan-democrats, including eight Democratic Party legislators, supported the proposals.
2021 reform
In March 2021 the National People's Congress of China passed a new law that would change the electoral system in Hong Kong. The size of the Election Committee will grow from 1,200 to 1,500 members. The new members of the Election Committee will include 'patriotic groups', members of the Chinese People's Political Consultative Conference, Area Committees and District Fight Crime Committees. Those groups will make up 156 seats in the Election Committee and 27 seats will be given to Hongkongers based in mainland China. The 117 seats of the District Councils will be removed. The Election Committee will elect 40 member for the Legislative Council which will be the biggest share of the council and every candidate that would run for the council would need nominations from the five sub sectors in the Election Committee.
The key changes to the formation of the Election Committee are detailed in Annex I of the Basic Law, amended on 30 March 2021 by the Standing Committee of the National People's Congress as follows: Reduction of the number of subsectors with individual votes and elimination of mixed individual and body voting; the Election Committee would be principally elected by body votes Half of seats (150 seats) in the Third Sector nominated by members of national professional organisations or filled by ex officio members Elimination of District Council subsectors; replaced by subsectors consisting of representatives of members of Area Committees, District Fight Crime Committees, and District Fire Safety Committees All HKSAR members of the National People's Congress and National Committee Chinese People’s Political Consultative Conferenceserve as ex officio Election Committee members Introduction of subsectors consisting of grassroot organisations, associations of Chinese Fellow Townsmen, associations of Hong Kong residents in Mainland and Hong Kong members of relevant national organisations Creation of a convenor system for the Election Committee; an Election Committee member holding an office of state leadership is to serve as the Chief Convenor, who designated a number of convenors for each subsector