Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: There are to be 5 geographical constituencies for the purpose of returning Members at elections for those constituencies.
Source: Legislative Council Ordinance (CAP 542), Sec.18: https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
Verified: 2021/06/03
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population d . Conformity with local jurisdiction boundaries e . Geographic size of district f . Communities of interest/cultural concerns g . Other
Comments: (2) In making such recommendations the Commission shall ensure that each proposed geographical constituency is constituted by 2 or more contiguous whole District Council constituencies.
(3) In making such recommendations the Commission shall have regard to-
(a) community identities and the preservation of local ties; and
(b) physical features such as size, shape, accessibility and development of the relevant area or any part thereof.
(4) In making such recommendations in relation to a general election the Commission shall have regard to-
(a) existing boundaries of Districts; and
(b) existing boundaries of geographical constituencies.
Source: Electoral Affairs Commission Ordinance (CAP542), Sec.20 (2),(3)&(4):
http://aceproject.org/ero-en/regions/asia/HK/hong-kong-electoral-affairs-commission-ordinance/view
Verified: 2021/06/03
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
Comments: The functions of the (Electoral Affairs) Commission are to consider or review the boundaries of geographical constituencies or District Council constituencies, as the case may be, for the purpose of making recommendations.
Source: Electoral Affairs Commission Ordinance Sec.4 (a): http://aceproject.org/ero-en/regions/asia/HK/hong-kong-electoral-affairs-commission-ordinance/view
Verified: 2021/06/03
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
h . Other
Comments: Since Hong Kong is a special administrative region of People's Republic of China, it comes directly under the Central People's Government, and the head of state is Chinese President.
The President of China is elected by National People's Congress for a five year term.
Source: Basic Law of the Hong Kong, Art.12-13:https://aceproject.org/ero-en/regions/asia/HK/hong-kong-the-basic-law-of-the-hong-kong-2016/view
Constitution of the People's Republic of China, Art. 62 (4):
http://aceproject.org/ero-en/regions/asia/CN/china-constitution-2016/view
Verified: 2021/06/03
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
f . Other
Comments: The Chief Executive is the head of the Hong Kong Special Administrative Region and is accountable to the Central People's Government and the Hong Kong Special Administrative Region. He is also the head of government.
The Chief Executive is elected by Election Committee appointed by the Central People's Government, composed of 800 members. 200 members are from the industrial, financial and commercial sectors, 200 are professors, 200 are from labor, social services, religious and other sectors and 200 are members of the legislative council, representatives of district based organizations, Hong Kong deputies to the National People's Congress, and representatives of Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference.
Source: The Basic Law of the Hong Kong, Art.43-48, 60 & Annex I:
https://aceproject.org/ero-en/regions/asia/HK/hong-kong-the-basic-law-of-the-hong-kong-2016/view
Verified: 2021/06/03
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: As Hong Kong is a special administrative region of China, the head of state is the Chinese President.
Source: Constitution of People's Republic of China, Art. 79-84: http://www.npc.gov.cn/zgrdw/englishnpc/Constitution/node_2825.htm
Verified: 2021/06/03
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The Legislative Council of the Hong Kong Special Administrative Region is the legislature of the Region. It is composed of 60 members, 30 are returned by functional constituencies, and 30 are returned by geographic constituencies through direct elections.
Source: The Basic Law of the Hong Kong, Art. 66 & Annex II:
https://aceproject.org/ero-en/regions/asia/HK/hong-kong-the-basic-law-of-the-hong-kong-2016/view
Verified: 2021/06/03
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
j . Other
Comments: The Legislative Council has 70 Members, with 35 returned by geographical constituencies through direct elections under the list system of proportional representation, and the other 35 by functional constituencies (FCs).Different voting systems apply to elections of different FCs.
Source: Legislative Council General Election Guidelines Ch1-5,6 & 7, Ch2-21-29:
http://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-general-election-4/view
Verified: 2021/06/03
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation d . Regulations or administrative rules
Comments: This information refers to the electoral arrangements in the Hong Kong Special Administrative Region of the People's Republic of China. Thus the term national election does not mean national elections in the People's Republic of China but the elections in Hong Kong. Elections in Hong Kong are held in accordance to the Legislative Council Ordinance.
Source: Legislative Council Ordinance (CAP542): https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
Verified: 2021/06/07
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
c . Local elections
Comments:
Source: Legislative Council Ordinance (CAP 542):
https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
Verified: 2021/06/07
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: Legislative Council Ordinance (CAP 542) Section 48: https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
Verified: 2021/06/07
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary d . Other
Comments: (1) A person who is dissatisfied with a decision of the Electoral Registration Officer made for the purposes of this Ordinance may appeal against the decision to a Revising Officer.
(2) The determination of a Revising Officer on such an appeal is final.
(3) The Electoral Registration Officer, or an Assistant Electoral Registration Officer, is required to appear as the
respondent at the hearing of the appeal.
(4) At the hearing of the appeal, the appellant or any other person concerned in the appeal is entitled to appear in
person and, whether or not the appellant appears in person, to be represented by a legal practitioner or any other person.
Source: Legislative Council Ordinance, Sec.34:
https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
Verified: 2021/06/07
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
c . Local level
Comments: The Electoral Affairs Commission is in charge of the elections in Hong Kong Special Administrative Region of the People’s Republic of China.
Source: Legislative Council Ordinance (CAP 542); https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
Verified: 2021/06/07
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
h . No information available
Comments:
Source:
Verified: 2021/06/07
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
h . No information available
Comments:
Source:
Verified: 2021/06/07
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: (6) An appointment under subsection (2) shall be for a period-
(a) which shall not exceed 5 years or be less than 3 years; and
(b) specified by the Chief Executive at the time of appointment.
Source: Electoral Affairs Commission Ordinance, Sec.3 (6): http://aceproject.org/ero-en/regions/asia/HK/hong-kong-electoral-affairs-commission-ordinance/view
Verified: 2021/06/07
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
e . No information available
Comments:
Source:
Verified: 2021/06/07
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Commission shall consist of-
(a) a Chairman; and
(b) 2 other members,
appointed by the Chief Executive
Source: Electoral Affairs Commission Ordinance, Sec.3 (2);
http://aceproject.org/ero-en/regions/asia/HK/hong-kong-electoral-affairs-commission-ordinance/view
Verified: 2021/06/07
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: The person appointed as Chairman under subsection (2)(a) must be a Judge of the High Court and he must be so appointed in consultation with the Chief Justice of the Court of Final Appeal.
Subject to subsection (5), only a person who has the right to vote under Article 26 of the Basic Law may be
appointed or hold office as a member of the Commission.
Source: Electoral Affairs Commission Ordinance, Sec.3 (3); http://aceproject.org/ero-en/regions/asia/HK/hong-kong-electoral-affairs-commission-ordinance/view
Verified: 2021/06/07
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
b . Head of Government
Comments: (2)The Commission shall consist of-
(a) a Chairman; and (b) 2 other members, appointed by the Chief Executive in accordance with this section.
Source: Electoral Affairs Commission Ordinance, Sec.3 (2):
http://aceproject.org/ero-en/regions/asia/HK/hong-kong-electoral-affairs-commission-ordinance/view
Verified: 2021/06/07
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
m . No information available
Comments: Law does not specify the responsibilities but the government of Hong Kong has "Electoral Information Center" and let people know about the elections.
Source:
Verified: 2021/06/07
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
d . No information available
Comments:
Source:
Verified: 2021/06/07
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body e . Yes, conducted by the Government
Comments: The EMB has an "Electoral Information Center" in Hong Kong that includes all relevant information related to voting. This information is also available online.
Source: Registration and Electoral Office -Electoral Information Center http://www.reo.gov.hk/en/ecenter/
Verified: 2021/06/07
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: A natural person is not eligible to be registered as an elector unless- (a) the person has reached 18 years of age; or (b) the person's eighteenth birthday falls-
(i) in any year other than a year in which a District Council ordinary election is to be held, on or before 25
July next following the person's application for registration; or
(ii) in a year in which a District Council ordinary election is to be held, on or before 25 September next following the person's application for registration.
Source: Legislative Council Ordinance, Sec.29: https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
Verified: 2021/06/07
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence
Comments: A natural person is not eligible to be registered as an elector for a constituency unless the person is a permanent resident of Hong Kong.
(1) A natural person is not eligible to be registered as an elector in the register of geographical constituencies unless,
at the time of applying for registration, the person satisfies the Electoral Registration Officer-
(a) that the person ordinarily resides in Hong Kong; and
(b) that the residential address notified in the person's application for registration is the person's only or
principal residence in Hong Kong.
Source: Legislative Council Ordinance, Sec.27 & Sec.28: https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
Verified: 2021/06/07
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The functions of the Commission are-
(d) without limiting of generality of paragraphs (b) and (c), to-
(i) supervise the registration of electors;
(ii) regulate the procedure at an election; and
(iii) conduct or supervise promotional activities relating to registration of electors;
Source: Electoral Affairs Commission Ordinance, Sec.4 (d):
http://aceproject.org/ero-en/regions/asia/HK/hong-kong-electoral-affairs-commission-ordinance/view
Verified: 2021/06/07
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments: You voluntarily apply to register as an elector.
24(1)(b) Subject to this Part, a person is eligible to be registered as an elector for a geographical constituency only if the person applies in accordance with this Part to be registered as such an elector and is entitled to be so registered.
Source: Legislative Council Ordinance Sec.24 (1)-(b): https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
Verified: 2021/06/07
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
b . Deposit requirement (specify amount)
Comments: (1) A person is not validly nominated as a candidate for an election for a constituency unless- (Amended 25 of 2003
s. 23)
(a) a deposit has, in the manner prescribed by regulations in force under the Electoral Affairs Commission
Ordinance (Cap 541), been lodged by or on behalf of the person with the Returning Officer concerned; and
(b) the nomination form includes or is accompanied by-
(i) a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong
Kong Special Administrative Region; and
(ii) a declaration as to the person's nationality and as to whether or not the person has a right of abode in a
country other than the People's Republic of China; and
(iii) a promissory oath given by the person to the effect that, if elected, he or she will not do anything
during his or her term of office that results in his or her- (Amended 48 of 1999 s. 25) (2) The person must sign the declarations.
(3) The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section.
Source: Legislative Council Ordinance, Sec. 40: https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
Verified: 2021/06/07
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence f . Registration j . Other
Comments: (1) A person is eligible to be nominated as a candidate at an election for a geographical constituency only if the person-
(a) has reached 21 years of age; and (b) is both registered and eligible to be registered as an elector for a geographical constituency; and (c) is not disqualified from being elected as a Member by virtue of section 39 or any other law; and (d) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and (e) is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China.
Source: Legislative Council Ordinance, Sec. 37: https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
Verified: 2021/06/07
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments: Presidential elections here refer to Chief Executive Elections in Hong Kong. To run for Chief Executive, you must be unaffiliated with political parties.
Source: Legislative Council Ordinance, Sec.37:
https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542;
Chief Executive Election Ordinance, Sec.13 (1)
http://aceproject.org/ero-en/regions/asia/HK/hong-kong-chief-executive-election-ordinance-2012/view
Verified: 2021/06/07
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
e . No information available
Comments:
Source:
Verified: 2021/06/07
PC015
Question: What is the basis of the public funding?
Answer(s):
f . No information available
Comments:
Source:
Verified: 2021/06/07
PC017
Question: Are political parties entitled to private funding?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/06/07
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: The polling stations (other than small polling stations (see para. 5.2 below) and dedicated polling stations) will be converted to counting stations for counting the GC ballot papers.
Source: Legislative Council General Election Guidelines (2016), Ch5-1: http://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-general-election-4/view
Verified: 2021/06/07
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request
Comments: Any such candidate or his/her election agent or his/her counting agent may request the PRO to re-count the votes and the PRO shall comply with the request unless in his/her opinion it is unreasonably made.
Source: Legislative Council Election Guidelines (2016), Ch.5, 5.78:
http://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-general-election-4/view
Verified: 2021/06/07
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2021/06/07
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments: 11.4 For programmes of which the entire or part of the theme is on the
election (e.g. for introducing the candidates/lists of candidates or
reporting/analysing the election platforms and activities of the candidates/lists
of candidates), the fair and equal treatment principle will apply. In
accordance with the fair and equal treatment principle, broadcasters should
ensure that each of the candidates/lists of candidates contesting in the same
constituency will be introduced and reported in the programme and no
favourable or unfavourable treatment will be given to any of the
candidates/lists of candidates. [Amended in June 2016]
Source: Legislative Council Election Guidelines, 11.4:
http://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-general-election-4/view
Verified: 2021/06/07
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments:
Source:
Verified: 2021/06/07
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: There is no limit on advertising, however there is a maximum amount you can spend on a campaign and your advertising costs are a part of it. It is $121,000-$6,936,000 per candidate.
Source: Legislative Council Election Guidelines, Ch 16-9:
http://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-general-election-4/view
Verified: 2021/06/07
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/06/07
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/06/07
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/06/07
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/06/07
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/06/07
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/06/07
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
d . No information available
Comments:
Source:
Verified: 2021/06/07
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
d . No information available
Comments:
Source:
Verified: 2021/06/07
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/06/07
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections d . At specially designated polling stations
Comments: 5.2 The CEO must designate by notice in the Gazette place(s) as polling stations (including small polling stations and special polling stations), dedicated polling stations, ballot paper sorting stations or counting stations at least 10 days before the polling day . . .He/She will designate a polling station at which less than 500 electors are assigned to vote as a small
polling station. He/She will designate a polling station (other than a small polling station or a dedicated polling station) as a main counting station for the purpose of counting the GC votes cast at the designated polling station, the small polling station(s) and/or the dedicated polling station(s).
Source: Legislative Council Election Guidelines, Ch.5-2: http://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-general-election-4/view
Verified: 2021/06/07
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
a . Outside the country voting is not permitted
Comments: 28.(1) A natural person is not eligible to be registered as an elector in the register of geographical constituencies unless, at the time of applying for registration, the person satisfies the Electoral Registration Officer-
(a) that the person ordinarily resides in Hong Kong; and
(b) that the residential address notified in the person's application for registration is the person's only or
principal residence in Hong Kong.
Source: Legislative Council Ordinance, Sec.28: https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
Verified: 2021/06/07
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: 5.31 When issued with the ballot paper(s), an elector/AR will also be
provided with a cardboard to which a chop with a tick is attached (as well
as a pen for marking the SFC ballot papers as applicable).
Source: Legislative Council General Election Guidelines (2016), 5:31: http://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-general-election-4/view
Verified: 2021/06/07
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