Hong Kong’s first ‘patriots-only’ Legislative Council: How did they perform?

Hong Kong’s first “patriots-only” Legislative Council completed a historic four-year term on October 24. The next general election is set to be held on December 7.

In 2021, Beijing overhauled the city’s electoral system to require all lawmakers to be patriots. The government said then that the legislature must comprise representatives who can safeguard national sovereignty, security and development interests, respect the country’s fundamental system and constitutional order of the city as well as maintain its prosperity and stability.

After years of gridlock in a legislature with a sizable opposition camp and in response to the 2019 anti-government protests, the Legislative Council was expanded to introduce a new Election Committee constituency while the number of directly elected seats was slashed.

All directly-elected candidates need to secure a minimum of 10 votes – at least two from across five sectors of the 1,500-strong Election Committee – before they can stand for election.

While the first term of the newly-constituted Legco was smooth and largely uneventful as cordial relations with the government meant efficient policy-making, a key concern was a politically detached public.

Legco president Andrew Leung Kwan-yuen conceded the legislative process in Hong Kong was now “boring” and rarely “sensational” but added it was a common challenge other countries also faced trying to engage constituents.

How have the current lawmakers engaged with their voters? Will voting improve in the coming election?

Here is what you need to know about Legco and the polls.

Composition of the ‘patriots-only’ Legco

The legislature used to have 70 seats, split evenly between two constituencies: popularly elected geographical constituencies and trade-based functional constituencies.

Following the overhaul in 2021, 40 Legco members – the biggest proportion – in the now expanded 90-seat legislature are chosen by a powerful Election Committee dominated by patriots. Another 30 seats are for functional constituencies, while the remaining 20 are allocated to members directly elected by general voters.

Legco, now and then

Back in 2021, Beijing said the “patriots-only” electoral overhaul was needed to plug loopholes exploited by anti-China elements to destabilise the city and seize power. Localist lawmakers had disrupted Legco proceedings in 2016 during their oath-taking by using anti-China slurs. In the chamber over the past decade, opposition lawmakers had used filibustering and other obstruction tactics to paralyse Legco business in a bid to block bills they deemed unpopular.

Tactics used included forcing a quorum call or asking for a count of members in attendance, maximising speaking time and submitting scores of amendments to government bills to stall unpopular bills.

All that changed with the new patriots-only Legco in 2021 as reflected in some numbers below.

Lawmakers have dismissed criticisms of the new Legco being a “rubber stamp”, as they pointed to more policies being approved to improve governance and benefit the city. Better executive-legislative relations also meant government officials had actively engaged in behind-the-scenes exchanges before officially introducing new policies, some lawmakers said.

During the term, Chief Executive John Lee Ka-chiu introduced “antechamber exchanges” for officials to meet informally with Legco members on a regular basis, enabling lawmakers to have frank debates and not engage in public theatrics in the chamber.

Passage of bills

The Registration of Same-sex Partnerships Bill emerged as the sole bill vetoed in the current Legco term since January 1, 2022. On average, about 32 bills have been approved each year, marking a jump of nearly 26 per cent.

A show of hands

About 86 per cent of bills approved – or 112 – were put to the vote at the third reading with just a show of hands between 2022 and 2025. In the previous term, only 62 per cent of bills, or 80, were voted on in this way, without a roll call.

Show of support

Distribution of lawmakers voting “yes”

Lawmakers who voted “No” and “Abstain” the most*
(Out of the 19 roll call votes)

Legislators of the pro-business Liberal Party emerged as the group which backed the least number of government bills.

Evaluation

The Post’s analysis revealed that overall attendance at Legislative Council meetings was more than 90 per cent.

But the number of questions raised during the four-year term showed a yawning gap.

Lawmakers representing geographical constituencies raised around 33 oral and written questions on average, eight more than their counterparts from the functional constituencies and five more than those from the election committee constituency.

What’s next

Among the city’s 89 lawmakers, 28 have announced they will not seek re-election. Twelve are aged 70 or older. All said it was time for them to cede the limelight to the younger generation.

Age distribution of lawmakers and those who have dropped out:

Legco aspirants will have to contend with future challenges, including ensuring an engaged voting public.

Voter turnout in the first post-revamp Legco election in 2021 reached a record low of 30.2 per cent, down from the 58.29 per cent in the 2016 poll.

The number of registered voters has also been on the wane, with the drop particularly apparent among young people.

John Lee has vowed to take a hard line against any disruptions to the election while pledging to hold the polls in an orderly and fair manner. He also issued a letter to all civil servants urging them to vote in the December race, stressing they should set an example in fulfilling their civic responsibility.

The public will decide on December 7.

Click here to see who’s signed up for the race so far.