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Hong Kong - Annex II  Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures Index Page Document Table of Contents

    { Adopted on: 4 April 1990 }
    { Effective since: 1 July 1997 }
    { ICL Document Status: 4 April 1990 }

 

Part I  Method for the formation of the Legislative Council

 

Section 1

The Legislative Council of the Hong Kong Special Administrative Region shall be composed of 60 members in each term.  In the first term, the Legislative Council shall be formed in accordance with the "Decision of the National People's Congress on the Method for the Formation of the First Government and the First Legislative Council of the Hong Kong Special Administrative Region".  The composition of the Legislative Council in the second and third terms shall be as follows:
Second term
- Members returned by functional constituencies: 30
- Members returned by the Election Committee: 6
- Members returned by geographical constituencies through direct elections: 24
Third term
- Members returned by functional constituencies: 30
- Members returned by geographical constituencies through direct elections: 30
 

Section 2

Except in the case of the first Legislative Council, the above-mentioned Election Committee refers to the one provided for in Annex I of this Law.  The division of geographical constituencies and the voting method for direct elections therein; the delimitation of functional sectors and corporate bodies, their seat allocation and election methods; and the method for electing members of the Legislative Council by the Election Committee shall be specified by an electoral law introduced by the Government of the Hong Kong Special Administrative Region and passed by the Legislative Council.
 

Part II  Procedures for voting on bills and motions in the Legislative Council

Unless otherwise provided for in this Law, the Legislative Council shall adopt the following procedures for voting on bills and motions:
(1) The passage of bills introduced by the government shall require at least a simple majority vote of the members of the Legislative Council present.
(2) The passage of motions, bills or amendments to government bills introduced by individual members of the Legislative Council shall require a simple majority vote of each of the two groups of members present: members returned by functional constituencies and those returned by geographical constituencies through direct elections and by the Election Committee.
 

Part III  Method for the formation of the Legislative Council and its voting procedures subsequent to the year 2007

With regard to the method for forming the Legislative Council of the Hong Kong Special Administrative Region and its procedures for voting on bills and motions after 2007, if there is a need to amend the provisions of this Annex, such amendments must be made with the endorsement of a two-thirds majority of all the members of the Council and the consent of the Chief Executive, and they shall be reported to the Standing Committee of the National People's Congress for the record.

For methodology see: Comparing Constitutions and International Constitutional Law.
© 1994 - May 29th, 2010 / For corrections please contact A. Tschentscher.