The Hong Kong Policy Act of 1992 ( P.L. 102-383 ) states, "Support for democratization is a fundamental principle of United States foreign policy. As such, it naturally applies to United States policy toward Hong Kong. This will remain equally true after June 30, 1997." On March 11, 2009, the Omnibus Appropriations Act of 2009 ( P.L. 111-8 ) appropriated not less than $17 million for "the promotion of democracy in the People's Republic of China, Hong Kong, and Taiwan …"
In addition, China's stance on Hong Kong's democratization may also signal its intentions regarding political reforms on the Mainland and its preferred path to reunification with Taiwan. Under the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, the city's quasi-constitution, the "ultimate aim" is the selection of Hong Kong's Chief Executive and the members of its Legislative Council (Legco) by "universal suffrage." Since then, there has been an active and vibrant debate over if and when Hong Kong will establish a fully democratic election system. On June 24 and 25, 2010, Hong Kong made the first significant changes in its election system since the 1997 Handover. Legco passed a motion on June 24 that expanded the size of the selection committee for the Chief Executive from 800 to 1,200 members starting with the 2012 election. These two motions—which only days before looked destined to be defeated—were passed because of a last-minute agreement between Hong Kong's pro-universal suffrage Democratic Party and representatives of China's central government. Tung was succeeded by his Chief Secretary for Administration, Donald Tsang Yam-kuen. On November 18, 2009, the Hong Kong government released its Consultation Document regarding the 2012 elections. The Legco by-election was held on May 16, 2010. On June 7, 2010, Stephen Lam, Secretary for Constitutional and Mainland Affairs, submitted two motions to Legco. Chief Executive Tsang set the date for Legco's vote on the two motions for June 23, 2010. It was reported that all 23 of the pro-democracy members of Legco pledged to vote against the motions, unless significant changes are made in election reforms recommended in the Consultative Document. On December 10, 2010, Chief Executive Tsang submitted two bills – one to amend the ordinance and regulations governing the selection of the Chief Executive, and another to amend the ordinances and regulations governing the election of the Legco members. Its main provisions are:
The addition of five geographical constituency seats in Legco to be allocated among the five current districts so that no district has fewer than five seats or more than nine seats; The redesignation of the current District Council functional constituency as the "District Council (first) functional constituency," and the creation of a new functional constituency to be known as "District Council (second) functional constituency"; The allocation of the five new functional constituency seats to the "District Council (second) functional constituency"; The eligible voters for the five "District Council (second) functional constituency" seats will consist of all persons who are registered as electors for geographical constituencies, but are not registered as electors for any of the other functional constituencies; The restriction of nominees to District Council (first) and District Council (second) functional constituency seats to elected members of the District Councils; The restriction of nominators for (called "subscribers" in Hong Kong) District Council (first) and District Council (second) functional constituency seats to elected members of the District Councils; The requirement that nominees for the District Council (second) functional constituency seats be nominated by at least 15 elected District Council members; and The limitation of campaign expenses for the District Council (second) functional constituency to HK$6 million (approximately US$770,000). Another important factor will be how the Chinese government responds to the proposed legislation. Given that Hong Kong is an executive-led government, the 2017 Chief Executive election may be more crucial, especially given that the transition to universal suffrage for Legco elections is conditional upon the achievement of universal suffrage in the Chief Executive election. Motion on Election of Chief Executive
Draft Motion to be Put by the HKSAR Government to the Legislative Council Concerning the Amendment to the Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region
Pursuant to Article 7 of Annex I to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, the Interpretation by the Standing Committee of the National People's Congress of Article 7 of Annex I and Article III of Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China of 6 April 2004, and the Decision of the Standing Committee of the National People's Congress on Issues relating to the Methods for Selecting the Chief Executive of the Hong Kong Special Administrative Region and for Forming the Legislative Council of the Hong Kong Special Administrative Region in the year 2012 and on Issues relating to Universal Suffrage of 29 December 2007, the "(Draft) Amendment to Annex I to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China Concerning the Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region" appended to this Motion is hereby endorsed by this Council by a two-thirds majority of all Members.
Support for the democratization of Hong Kong has been an element of U.S. foreign policy for over 17 years. The Hong Kong Policy Act of 1992 (P.L. 102-383) states, "Support for democratization is a fundamental principle of United States foreign policy. As such, it naturally applies to United States policy toward Hong Kong. This will remain equally true after June 30, 1997" (the date of Hong Kong's reversion to China). The Omnibus Appropriations Act of 2009 (P.L. 111-8) provides at least $17 million for "the promotion of democracy in the People's Republic of China, Hong Kong, and Taiwan …"
The democratization of Hong Kong is also enshrined in the Basic Law, Hong Kong's quasi-constitution that was passed by China's National People's Congress (NPC) prior to China's resumption of sovereignty over the ex-British colony on July 1, 1997. The Basic Law stipulates that the "ultimate aim" is the selection of Hong Kong's Chief Executive and the members of its Legislative Council (Legco) by "universal suffrage." However, it does not designate a specific date by which this goal is to be achieved.
On November 18, 2009, Hong Kong Chief Executive Donald Tsang Yam-kuen released the long-awaited "consultation document" on possible reforms for the city's elections to be held in 2012. The document was immediately met by sharp criticism from representatives of Hong Kong's "pro-democracy" parties. Five Legco members resigned on January 21, 2010, as a form of protest, forcing a by-election on May 16, 2010. The five incumbents were re-elected.
On June 7, 2010, Chief Executive Tsang submitted two motions to Legco increasing the size of the Election Committee (EC) for Chief Executive to 1,200 members and adding 10 new seats to Legco—five elected by geographical districts and five elected by "functional constituencies."
Initially, the pan-democratic Legco members announced they would vote against the motions. However, a last-minute agreement between the pro-universal suffrage Democratic Party and the Chinese government led to a split among the pan-democrats, a coalition of parties that support a more rapid transition to universal suffrage. Legco passed both motions—one on June 24; the second on June 25—the first significant changes in Hong Kong's political system since the Handover on July 1, 1997.
To implement the election changes, Legco will need to pass enabling ordinances detailing how to carry out the election reforms. On December 10, 2010, Chief Executive Tsang submitted two bills to amend Hong Kong's election laws. The bill governing the election of the Chief Executive specifies how the additional EC members are to be allocated and sets the nomination threshold at 150 EC members. The bill governing the 10 new Legco seats will allow the Electoral Affairs Commission to determine how to allocate the five geographical seats (based on population projections) and establishes a "District Council (second) functional constituency" to elect the other five new Legco members. Under the new law, every Hong Kong voter will be able to vote for at least one functional constituency member of Legco.
The 2012 election reforms are important to Hong Kong's democratization for two reasons. First, they are an indication of the Hong Kong government's willingness to press for democratic reforms. Second, the Chief Executive and Legco selected in 2012 will have the power to implement universal suffrage for the Chief Executive election in 2017 and the Legco election in 2020, if they so choose. This report will be updated as circumstances warrant.