Seminars and Discussion Group

Text Only Version

Constitutional Development Task Force
Focus Group
(26 July 2004)

Group Discussion Summaries
Group Facilitator: Professor Alfred Chan

(Translation)

Method for Selecting the Chief Executive

The Number of Members of the Election Committee

Some participants proposed increasing the number of members of the Election Committee, figures put forth ranged from 1 200, 1 600, 10 000 to 20 000.
While a participant said that the more members the better, another participant commented that the number should be increased in an orderly and gradual manner.
A participant said that the number was not important, and that more did not necessarily mean better. The focus should be on the method for forming the Election Committee.

The Composition of the Election Committee

A participant commented that the existing division of the Election Committee into four sectors was acceptable, but more groups should be included in these sectors. For example, the number of grassroot representatives in the Third Sector should be increased.
A participant proposed that the electorate could be divided into various age groups; each age group should elect its own representatives.

The Delineation and Size of the Electorate of the Election Committee

Additional subsectors supported by participants included District Councils, Area Committees, Kai-fong Organisations, women, students and industrial subsectors (Group 3). A participant raised objection to the inclusion of appointed District Council members because they lacked representativeness.
A participant took the view that the legitimacy of the Election Committee could not be enhanced solely by adding more subsectors to it. Only universal suffrage could improve the legitimacy of the Chief Executive.
Another participant was of the view that Election Committee members should be elected by all voters of the relevant sectors.
A participant thought that the electorate of the Election Committee should comprise various strata of society.

Others

A participant said that members of the Election Committee should cast their vote based on the wish of their electorate.
Another participant considered that all proposals for amendment should move towards the ultimate aim of universal suffrage.
A participant suggested that in future the Election Committee could be transformed into the "Nomination Committee" for Chief Executive candidates.
A participant stressed that the legitimacy of the Chief Executive should not be lower than that of the Legislative Council.

Method for Forming the Legislative Council

The Number of Seats in the Legislative Council

Some participants agreed that the number of seats in the Legislative Council could be increased by 10, i.e. 5 additional seats each for geographical and functional constituencies. A participant said that the existing number was adequate.

The Number of Seats Returned by Functional Constituencies

A participant expressed the view that the number of seats returned by functional constituencies should not be increased or gradually decreased, but be eliminated completely in one go. However, some participants considered that the seats returned by functional constituencies should be retained even after the implementation of universal suffrage.
A participant objected to an increase in the number of seats returned by functional constituencies, on the ground that it was impossible to cover all trades.

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

A participant proposed that the delineation of functional constituencies should be enlarged. New constituencies, including listed and unlisted Mainland enterprises and logistics should be introduced. He also suggested that the constituency for "Sports, performing arts, culture and publication" should be split. Another participant proposed that an additional industrial constituency should be introduced.
A participant considered that functional constituencies could reflect professional viewpoints in the Legislative Council. He considered that the short term goal should be to enlarge functional constituencies so as to ensure balanced participation. He proposed new constituencies for car owners, flat owners and the Federation of Students. Regarding the medium term, he proposed that reference could be drawn from the practices of foreign countries. He also suggested that priority be given to extending voting right to jurors or taxpayers. He also suggested that, under the balanced participation principle, the views of minority in functional constituencies should also be respected.
Another participant objected to the inclusion of students since they were not professionals and their mobility was high.

Provisions regarding Nationality of Legislative Council Members

All participants agreed that the existing provisions were acceptable and that no change was necessary.

Others

The majority of participants agreed that each person should be allowed to cast two votes, i.e. one in a geographical constituency and one in a functional constituency. A participant said that "one person two votes" could improve the fairness of the election system.
With regard to the rule that the existing ratio between candidates returned by geographical constituencies and those returned by functional constituencies had to be maintained, a participant considered that the election system could be improved in the following three ways: i. allow all people working in their respective sectors to vote; ii. allow each person two votes; and iii. introduce "multiple seats multiple votes" for directly elected geographical constituencies. However, another participant considered that if corporate votes were turned into individual votes, only company directors should be given voting right, but not company employees. This was because the latter had already been included in other grassroot constituencies.

Other Views

Timetable for Constitutional Development and Conditions for Universal Suffrage

Some participants urged the Central Government and the SAR Government to lay down a timetable or schedule for universal suffrage, spell out the objective conditions and indicators for universal suffrage, so as to set out the direction for constitutional development.
A participant was of the view that the Government was unable to set out the indicators because it did not know the public well enough, nor did it have enough confidence in them.
A participant asked the Government to set out the proficiency requirements for universal suffrage and provide the necessary education for the public to attain the requirements. Another participant objected to it and considered that a citizen's right should not have to be acquired through a proficiency test.

Executive Led Government

A participant pointed out that under the existing election mechanism, it was difficult for the Government to implement the "executive-led system".