Seminars and Discussion Group

Constitutional Development Task Force
Focus Group
(23 August 2004)

Group Discussion Summaries
Orange Group: Dr Michael Y L Luk

(Translation)

Method for Selecting the Chief Executive

The Number of Members of the Election Committee

• The majority of participants agreed that the number of Election Committee members should be increased so as to enhance its representativeness and legitimacy. A participant thought that the number should not be increased drastically since it would be difficult to ensure the maturity of all members.
  
  

• A participant suggested that the number of members of the existing four sectors should be doubled, and that an additional sector of 400 members should be formed, making the total number 2 000. The new sector could provide 200 seats for the youth or students sector; the other 200 seats could be allocated through random selection.
  
  

• A participant suggested that an election committee of 100 000 to 1 000 000 randomly selected members should be formed for the election of Chief Executive. He believed that this method would widen participation as everyone would have an equal opportunity of being selected and all strata would be involved. Another participant thought that random selection was not fair.
  
  

• A participant thought that the Election Committee should be enlarged in accordance with population growth, capped at 5% of the population or 30 000 members.
  
  

• A participant proposed that the number could be increased to 160 000 in 2007. Thereafter, the number should be doubled in each subsequent election in a gradual and orderly manner, until the number reached 4 million in 2047.
  
  

• Other proposals included enlargement of the Election Committee to 1 600 or 3 200 members.
  
  

• A participant considered that reference could be drawn from the appointment of members of the Obscene Articles Tribunal. Those who wished to be a member of the Election Committee could enroll for selection by the Government or to be chosen through other means. The participant said that this method could allow more people to participate and ensure the quality of Election Committee members.

The Composition of the Election Committee

• The majority of participants held the view that the principle of balanced participation should be complied with. They suggested the inclusion of more sectors and more subsectors in the Election Committee so that those who were currently not represented, for example, the security sector, could also participate.
  
  

• A participant proposed that the Election Committee should also involve people who were affected by public policies, for example, the elderly and the mentally handicapped, to increase public participation. Another participant opined that allowing participation by youth and students could improve their political sense.
  
  

• A participant was of the view that a new sector for the grassroot should be introduced so that their voice could be heard.

The Number of Members Required for Nominating Candidates

• A few participants took the view that each member should be allowed to nominate more than one candidate so that more candidates could contest in the election.
  
  

• A participant recommended that the required number of subscribers for nomination should be 35% of the number of Election Committee members so that more than one candidate could run for the election.
  
  

• Another participant proposed that the number of subscribers required could be set at 5% of the number of Election Committee members.

The Delineation and Size of the Electorate of the Election Committee

• A participant took the view that Election Committee members should represent all people working in the respective trades and professions. Another participant expressed worry that it would be unfair to those with a relatively small size of electorate if too many trades and professions were included in the same Election Committee subsector, it would be unfair to those with a relative small number of representatives in the subsector.

Method for Forming the Legislative Council

The Number of Seats in the Legislative Council

• The majority of participants agreed that the number of seats of the Legislative Council should be increased to enhance representativeness and broaden participation. There were proposals to increase it up to 100 to 120 seats.
  
  

• Participants who objected to an increase in the number of seats said that it would adversely affect the efficiency of the legislature and increase the difficulty in obtaining support from 2/3 of all Legislative Council Members to pass proposals relating to constitutional development.

The Number of Seats Returned by Functional Constituencies

• The majority of participants supported either retaining or increasing the number of seats returned by functional constituencies to conform with the principle of balanced participation. Their proposals included increasing 5 additional seats and doubling the existing number to 60.
  
  

• A participant opined that as and when all seats returned by functional constituencies were abolished upon implementation of universal suffrage, a new mechanism should be introduced to ensure balanced participation.

The Delineation and Size of the Electorate of Legislative Council Functional Constituencies

• A participant pointed out that some trades and professions currently did not have a representative in the legislature. He proposed that the delineation of Functional Constituency electorate should be enlarged so that workers of all related trades and professions could elect a Legislative Council Member to represent them.
  
  

• Another participant expressed worry that the relevant Legislative Council Members might not be able to represent the interests of all the constituents if all related trades and professions were included in the same constituency. He suggested increasing in terms of both the number of constituencies and seats.
  
  

• A participant expressed the view that corporate voting should be replaced by individual voting.
  
  

• A participant suggested that the number of votes an organization had could be determined by its scale or the number of employees it declared in its tax return. However, another participant thought that so doing would reinforce the bias of the Legislative Council towards the business sector.
  
  

• A participant took the view that each voter should only cast one vote. A voter who chose to vote in a functional constituency should not be allowed to vote in geographical constituency.

Provisions regarding Nationality of Legislative Council Members

• Some participants agreed that as Hong Kong was an international city, the existing provision of allowing 20% of Legislative Council Members returned by functional constituencies to possess foreign nationality should be maintained. A participant considered that the percentage should be reduced to 10%.

Others

• A participant would like to increase the number of seats returned by geographical constituencies and functional constituencies to 60 and 40 respectively in order to enhance the element of direct election. He also proposed to abolish the provision on the bicameral voting system in the Legislative Council.
  
  

• A participant hoped that the Standing Committee of the National People's Congress would review its decision of 26 April after the Legislative Council election in September.
  
  

• Another participant proposed the establishment of a bicameral system to enable people from different strata to take part in the formulation of policies and legislation.
  
  

• A participant suggested the Government to increase its subsidy to Legislative Council Members so that they could handle more work.
  
  

• A participant thought that the functions of the Legislative Council should be revised to make Legislative Council Members more accountable.