The Hong Kong Chief Executive election of 2005 is an election to fill the vacancy of the territory's top office. Tung Chee Hwa submitted a resignation document to the Chinese government, and it was officially approved on March 12. On June 24, Donald Tsang was sworn in as the new Chief Executive after being declared returned unopposed on June 16. This page discusses the college of electors in Hong Kong politics. ... An election is a process in which a vote is held to choose amongst candidates to fill an office, or amongst political parties offering a slate of potential office holders for a house of representatives. ... Tung Chee Hwa Tung Chee Hwa (Traditional Chinese: 董建華; Simplified Chinese: 董建华; Cantonese IPA: ; Jyutping: dung2 gin3 wa4; Mandarin Pinyin: Dǒng Jiànhuá) (born July 7, 1937, or the 29th day of the 5th month in the Chinese calendar) was the first elected Chief Executive (July 1, 1997–March 12, 2005... March 12 is the 71st day of the year in the Gregorian Calendar (72nd in Leap years). ... June 24 is the 175th day of the year (176th in leap years) in the Gregorian Calendar, with 190 days remaining. ... Donald Tsang Yam Kuen GBM JP KBE (Chinese: 曾蔭權, born 1944) is currently the Chief Executive of Hong Kong and former career civil servant. ... June 16 is the 167th day of the year in the Gregorian calendar (168th in leap years), with 198 days remaining. ...

Background

Tung Chee Hwa had long been an unpopular leader in Hong Kong. As his health started deteriorating early in 2005, he announced he was ready to resign. He filed for resignation on March 10, and two days later it was approved. Tung Chee Hwa Tung Chee Hwa (Traditional Chinese: 董建華; Simplified Chinese: 董建华; Cantonese IPA: ; Jyutping: dung2 gin3 wa4; Mandarin Pinyin: Dǒng Jiànhuá) (born July 7, 1937, or the 29th day of the 5th month in the Chinese calendar) was the first elected Chief Executive (July 1, 1997–March 12, 2005... March 10 is the 69th day of the year in the Gregorian Calendar (70th in Leap years). ...

Hong Kong uses an 800-member Election Committee (similar to the U.S. Electoral College) to select the Chief Executive. Unlike the US system, however, the electors are returned not by universal suffrage but by a group of senior employees and managers (whom are known to vote mainly pro-China to ensure their businesses can run smoothly), and by government officials. This page discusses the college of electors in Hong Kong politics. ... The United States Electoral College is the electoral college which chooses the President and Vice President of the United States at the conclusion of each Presidential election. ...

As of early April, there were 33 vacant spots, and nominations were opened for a poll to fill them.

On May 1 a by-election was held to fill the 33 vacant spots in the electoral college. During the period from the nominations to the actual election, four more seats had become vacant, so that only 796 electors remained. May 1 is the 121st day of the year in the Gregorian calendar (122nd in leap years). ...

Next, from June 3 to June 16 nominations were open to candidates who wanted to participate in this election. Tsang, for a long time the front-runner, was declared elected unopposed as he was the only candidate with sufficient support to warrant nomination. In the interim, Tsang and later Henry Tang served as acting Chief Executives in accordance with the Basic Law (see below). Tsang will serve until Inauguration Day in 2007, when a new leader will be chosen. June 3 is the 154th day of the year in the Gregorian calendar (155th in leap years), with 211 days remaining. ... June 16 is the 167th day of the year in the Gregorian calendar (168th in leap years), with 198 days remaining. ... The Honourable Henry Tang Ying Yen GBS JP (Chinese 唐英年) (born 1953) is the Financial Secretary & Acting Chief Executive of Hong Kong SAR. He is an avowed free-market capitalist who believes in minimal government economic meddling. ...

The Basic Law lays out certain provisions for this event. The Basic Law of the Hong Kong Special Administrative Region of the Peoples Republic of China serves as the constitutional document of Hong Kong. ...

Relevant text of the Basic Law

Article 52

This is the text of Article 52, giving reasons for resignation.

The Chief Executive of the Hong Kong Special Administrative Region must resign under any of the following circumstances:

( 1 ) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons;

( 2 ) When, after the Legislative Council is dissolved because he or she twice refuses to sign a bill passed by it, the new Legislative Council again passes by a two-thirds majority of all the members the original bill in dispute, but he or she still refuses to sign it; and Dissolution can have the following meanings: In music dissolution is the separation of an inter-parametric unit into its component parts, where usually each part is developed independently. ... A two-thirds majority is a common supermajoritarian requirement in elections, especially whenever minority rights can be changed (e. ...

( 3 ) When, after the Legislative Council is dissolved because it refuses to pass a budget or any other important bill, the new Legislative Council still refuses to pass the original bill in dispute.

Currently, the second and third clauses do not apply, given the status of this resignation as voluntary (as Tung claims), and there are allegations that the citing of health reasons may not be an actual truth, as there is technically nothing prohibiting the use of excuses in such a manner. It is rumoured that the actual motive is a decision imposed by the central government, but it can also be a desire to spend more time with the family or many other reasons.

Article 53

Article 53 gives the provisions for an acting Chief Executive. Wikisource has original text related to this article: Hong Kong Basic Law Article 53 Hong Kong Basic Law Article 53: If the Chief Executive of the Hong Kong Special Administrative Region is not able to discharge his or her duties for a short period, such duties shall temporarily be assumed...

If the Chief Executive of the Hong Kong Special Administrative Region is not able to discharge his or her duties for a short period, such duties shall temporarily be assumed by the Administrative Secretary, Financial Secretary or Secretary of Justice in this order of precedence.

This gave Donald Tsang, the Secretary of Administration, the right to the office of acting Chief Executive, from March 12 to May 25, when he resigned because he would be illegal for candidacy if he was already occupying an office (here the Acting Chief Executive). Henry Tang, who was Financial Secretary, filled him in, in accordance with this article, and then appointed Michael Suen as the new (acting in the interim) Chief Secretary. When Tsang was elected he was brought before the Chinese central government for approval and inauguration. Donald Tsang Yam Kuen GBM JP KBE (Chinese: 曾蔭權, born 1944) is currently the Chief Executive of Hong Kong and former career civil servant. ... March 12 is the 71st day of the year in the Gregorian Calendar (72nd in Leap years). ... May 25 is the 145th day of the year in the Gregorian calendar (146th in leap years). ... The Honourable Henry Tang Ying Yen GBS JP (Chinese 唐英年) (born 1953) is the Financial Secretary & Acting Chief Executive of Hong Kong SAR. He is an avowed free-market capitalist who believes in minimal government economic meddling. ... Michael Suen in 1999 Michael Suen 孫明揚 (born 1944/1945) is currently the Secretary for Housing, Planning and Lands and the acting Chief Secretary for Administration of Hong Kong. ...

The second section of Article 53 gives provisions for a new election.

In the event that the office of Chief Executive becomes vacant, a new Chief Executive shall be selected within six months in accordance with the provisions of Article 45 of this Law. During the period of vacancy, his or her duties shall be assumed according to the provisions of the preceding paragraph. Hong Kong Basic Law Article 45 is a controversial article in the Basic Law (constitution) of Hong Kong. ...

The process is well defined under this clause, and Tsang's term as acting CE was limited to six months. The Chief Executive Election Ordinance defines the time as 120 days, give or take a few days, (ensuring an election on Sunday rather than on a weekday), which made July 10 the date for the election, if one had been warranted by multiple candiature. Article 45 gives the requirements for choosing the Chief Executive, and Annex I does likewise in a more specific manner. July 10 is the 191st day (192nd in leap years) of the year in the Gregorian Calendar, with 174 days remaining. ... Hong Kong Basic Law Article 45 is a controversial article in the Basic Law (constitution) of Hong Kong. ...

Article 45

Article 45 reads thus.

The Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People's Government.

The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures. Universal suffrage (also general suffrage or common suffrage) consists of the extension of suffrage, or the right to vote, to all adults, without distinction as to race, sex, belief or social status. ... This page discusses the college of electors in Hong Kong politics. ... The term democracy indicates a form of government where all the states decisions are exercised directly or indirectly by a majority of its citizenry through a fair elective process. ...

The specific method for selecting the Chief Executive is prescribed in Annex I: "Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region".

Annex I

Annex I reads as follows.

1. The Chief Executive shall be elected by a broadly representative Election Committee in accordance with this Law and appointed by the Central People's Government.

2. The Election Committee shall be composed of 800 members from the following sectors: This page discusses the college of electors in Hong Kong politics. ...

Industrial, commercial and financial sectors: 200 The economy of Hong Kong has often been cited by people such as Milton Friedman and the Cato Institute as an example of the benefits of laissez-faire capitalism. ...

The professions: 200

Labour, social services, religious and other sectors: 200 Religion—sometimes used interchangeably with faith or belief system—is commonly defined as belief concerning the supernatural, sacred, or divine, and the moral codes, practices, values, and institutions associated with such belief. ...

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: 200 Legislative Council Building The Legislative Council of Hong Kong (立法會, abbreviated LegCo) is the legislature of the Hong Kong Special Administrative Region of the Peoples Republic of China. ... The District Councils (formerly District Boards) are district organizations in the Hong Kong Special Administrative Region (HKSAR). ... The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest legislative body in the Peoples Republic of China. ... The Chinese Peoples Political Consultative Conference (中国人民政治协商会议 Pinyin: Zhongguo renmin zhengzhi xieshang huiyi), abbreviated CPPCC, is an advisory body in the Peoples Republic of China. ...

The term of office of the Election Committee shall be five years.

3. The delimitation of the various sectors, the organizations in each sector eligible to return Election Committee members and the number of such members returned by each of these organizations shall be prescribed by an electoral law enacted by the Hong Kong Special Administrative Region in accordance with the principles of democracy and openness. The membership of the United States House of Representatives changes each decade following the decennial United States Census. ...

Corporate bodies in various sectors shall, on their own, elect members to the Election Committee, in accordance with the number of seats allocated and the election method as prescribed by the electoral law. (The block vote is the standard method for this process). Bloc voting (or block voting) (also called Plurality-at-large) refers to a class of voting systems which can be used to elect several representatives from a single constituency. ...

Members of the Election Committee shall vote in their individual capacities.

4. Candidates for the office of Chief Executive may be nominated jointly by not less than 100 members of the Election Committee. Each member may nominate only one candidate.

5. The Election Committee shall, on the basis of the list of nominees, elect the Chief Executive designate by secret ballot on a one-person-one-vote basis. The specific election method shall be prescribed by the electoral law. (This is currently the runoff voting system). Runoff voting is a voting system used in single-seat elections. ...

The current Election Committee's term is due to conclude on July 14, 2005 and a new Election Committee would therefore be formed at that point. Since Tung left office on March 12 the timing of the election would have be important with respect to whether the old or new Election Committee shall be in place. The Chief Executive election ordinance sets the date as on the Sunday of the eighteenth week following the resignation (since 120 days is determined as the time period between resignation and election, and the 119 intervening days form 17 weeks). This date was therefore set as July 10. Had the election been warranted and then proceeded to a second round, a problem would have essentially resulted. It is unclear whether the Election Committee could legally be dissolved early to accommodate such arrangements. July 14 is the 195th day (196th in leap years) of the year in the Gregorian Calendar, with 170 days remaining. ... March 12 is the 71st day of the year in the Gregorian Calendar (72nd in Leap years). ... July 10 is the 191st day (192nd in leap years) of the year in the Gregorian Calendar, with 174 days remaining. ...

Article 46

Article 46 is a subject of controversy regarding the term of the newly-elected Chief Executive.

The term of office of the Chief Executive of the Hong Kong Special Administrative Region shall be five years. He or she may serve for not more than two consecutive terms.

A literal interpretation would mean Tsang has to serve until 2010, but this is not common sense behaviour in most other nations; one can only complete the term of a predecessor. The Chinese government has decided that the new leader would serve only until Inauguration Day in 2007.

The Election

Election Committee Vacancies

In April 2005, 33 vacancies (27 from the regular constituencies, 6 from the religious sector) existed in the Election Committee. Nominations were accepted over a one-week timeframe from April 9 to April 15 to fill the seats. The six empty seats in the religious sector were appointed by the religious councils. Out of the 27 seats in 16 functional constituencies, 12 candidates were immediately declared elected to their seats because there were no more candidates competing than the number of seats available, and hence, these ones were declared elected unopposed. This page discusses the college of electors in Hong Kong politics. ... April 9 is the 99th day of the year in the Gregorian calendar (100th in leap years). ... April 15 is the 105th day of the year in the Gregorian calendar (106th in leap years). ... A functional constituency, in Hong Kong politics, refers to professional and special interest groups involved in the electoral process. ...

In the other seven constituencies, where 15 vacancies were present, a poll was held on May 1, and the count was conducted smoothly with all the elected candidates expected to be entered onto the official listing of Election Committee members within the near future. The by-election was marked by voter apathy, where only 15 percent of the eligible population turned up, with some constituencies reporting as low as 12 percent, despite the pleadings of the Hong Kong Government. Only two functional constituencies, Agriculture and Fisheries (85 percent) and District Council (86 percent) had higher voter turnouts than one quarter. May 1 is the 121st day of the year in the Gregorian calendar (122nd in leap years). ...

Chief Executive Election

In early June, candiature nominations were held. The support of 100 Election Committee members is required (Ann. 1, Sect. 4, above) to be a legal candidate. Given the largely pro-China status of the Election Committee, it became common for the favoured candidate of the Chinese government to get elected unopposed.

Given the four vacancies in the EC, 697 signatures would theoretically elect a candidate unopposed, since no one else could possibly obtain 100 anymore.

List of politicians who attempted to run for candidacy

Tsang was declared elected unopposed on June 16, approved by the Government on June 21, and duly inaugurated on June 24. Donald Tsang Yam Kuen GBM JP KBE (Chinese: 曾蔭權, born 1944) is currently the Chief Executive of Hong Kong and former career civil servant. ... The Honourable Lee Wing Tat (李永達 ) (born December 25, 1955) is currently the Chairman of the Democratic Party (DP). ... The Democratic Party (民主黨) is a pro-democracy and liberal, political party in the Hong Kong Special Administrative Region of the Peoples Republic of China. ... June 16 is the 167th day of the year in the Gregorian calendar (168th in leap years), with 198 days remaining. ... June 21 is the 172nd day of the year (173rd in leap years) in the Gregorian Calendar, with 193 days remaining. ... June 24 is the 175th day of the year (176th in leap years) in the Gregorian Calendar, with 190 days remaining. ...

External links

Laws

• Basic Law of Hong Kong (http://www.info.gov.hk/basic_law/fulltext/)
• Chief Executive Election Ordinance (Cap 569) (http://www.info.gov.hk/cab/upload/20010721091840/Part1.pdf) (pdf format)
• Chief Executive Election Ordinance (Cap 569) (http://www.legislation.gov.hk/blis_ind.nsf/CurAllEngDoc?OpenView&Start=566&Count=30&Expand=566#566) (html format)
• Election Guidelines for the 2005 by-election (http://www.info.gov.hk/eac/en/ecse/ecse_guide.htm)
• Chief Executive election guidelines (http://www.info.gov.hk/eac/en/chief/2005guideline.htm)

Pages from the Hong Kong Government's election website

• 2005 Chief Executive election website (http://www.elections.gov.hk/elections/ce2005/eng/index.htm)- the home page for the website (See also Chinese version (http://www.elections.gov.hk/elections/ce2005/chi/index.htm))
• 2005 Election Committee by-elections (http://www.elections.gov.hk/elections/ec2005/eng/index.htm)- the home page for the EC by-elections. (See also the Chinese version (http://www.elections.gov.hk/elections/ec2005/chi/index.htm).)
• Candidate Platforms and Background Information (http://www.elections.gov.hk/elections/ec2005/eng/intro.htm)
• Election Results (http://www.elections.gov.hk/elections/ec2005/eng/result.htm)

Press Releases from the Hong Kong Government

The most recent are listed at the top.

Chief Executive elections

• Validation of Tsang's nomination (http://www.info.gov.hk/gia/general/200506/15/06150310.htm)
• Donald Tsang's nomination (http://www.info.gov.hk/gia/general/200506/15/06150202.htm)
• Allen Tam's nomination (http://www.info.gov.hk/gia/general/200506/10/06100225.htm)
• Li Hau's nomination (http://www.info.gov.hk/gia/general/200506/09/06090186.htm)- this nomination application was later ruled invalid
• Chan Yuet Tung's nomination (http://www.info.gov.hk/gia/general/200506/03/06030230.htm)
• ECA's warning on electoral law violation (http://www.info.gov.hk/gia/general/200505/31/05310180.htm)
• Announcement on the opening of nominations (http://www.info.gov.hk/gia/general/200505/31/05310153.htm)
• SCA's comments after the Chief Executive Ordinance Amendment Bill is passed by LegCo (http://www.info.gov.hk/gia/general/200505/25/05250340.htm)

Election Committee by-elections

• Comments given after the election (http://www.info.gov.hk/gia/general/200505/02/05020062.htm)
• Voter Turnout Rates (http://www.info.gov.hk/gia/general/200505/01/05010262.htm)
• Secretary of Constitutional Affairs' speech regarding the election (http://www.info.gov.hk/gia/general/200505/01/05010119.htm)
• Announcement on opening of polls (http://www.info.gov.hk/gia/general/200505/01/04300166.htm)
• Announcement on the accepting of nominations (http://www.info.gov.hk/gia/general/200504/07/04070214.htm)

On the interpretation of the Election laws

• Clarifications on the CE election guidelines (http://www.info.gov.hk/gia/general/200506/09/06090170.htm)- presented in a question-and-answer format
• Decision on implementing a 2-year term for the new CE (http://www.info.gov.hk/gia/general/200503/12/03120310.htm)

Tung Chee Hwa's resignation

• Donald Tsang's Acting Chief Executive statement (http://www.info.gov.hk/gia/general/200503/12/03120300.htm)
• Remarks from the news conference following the resignation (http://www.info.gov.hk/gia/general/200503/10/03100258.htm)
• Donald Tsang's speech concerning the resignation (http://www.info.gov.hk/gia/general/200503/10/03100222.htm)
• Tung Chee Hwa's resignation speech (http://www.info.gov.hk/gia/general/200503/10/03100209.htm)