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Method for the Formation of the Legislative Council

Decision of the National People's Congress

Pursuant to the Decision by the National People's Congress adopted on 11 March 2021:

  • The LegCo of the HKSAR shall be composed of 90 members in each term.
  • Members of the LegCo shall include Members returned by the Election Committee, those returned by functional constituencies, and those by geographical constituencies through direct elections.
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Size and Composition of LegCo

Pursuant to the Annex II to Basic Law amended by NPC Standing Committee on 30 March 2021, the LegCo shall be composed of 90 members as follows:

Members returned by the Election Committee40 persons
Members returned by functional constituencies30 persons
Members returned by geographical constituencies through direct elections20 persons
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Part one: Returned by the Election Committee

Nomination and Candidature

  • Each candidate shall be nominated by no less than 10, but no more than 20, Members of the Election Committee, including no less than 2 but no more than 4 Members from each of the five sectors of the Election Committee.
  • Any eligible elector can be nominated as candidates, i.e. candidates need not to be Members of the Election Committee.
  • Each Member of the Election Committee can only nominate one candidate.

Polling

  • The Election Committee shall, on the basis of the list of nominees, cast their votes by secret ballot. A ballot paper is only valid if the number of votes contained in the ballot paper is equal to the number of Members to be returned.
  • The 40 candidates who obtain the greatest number of votes shall be returned in the election.
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Part two: Returned by Functional Constituencies

Composition, seats allocation and electorates of 28 Functional Constituencies

Functional Constituencies Seats Electorates
Individuals Bodies
1 Agriculture and fisheries 1 ✔
2 Heung Yee Kuk 1 ✔
3 Industrial (first) 1 ✔
4 Industrial (second) 1 ✔
5 Textiles and garment 1 ✔
6 Commercial (first) 1 ✔
7 Commercial (second) 1 ✔
8 Commercial (third) 1 ✔
9 Finance 1 ✔
10 Financial services 1 ✔
11 Insurance 1 ✔
12 Real estate and construction 1 ✔
13 Transport 1 ✔
14 Import and export 1 ✔
15 Tourism 1 ✔
16 Catering 1 ✔
17 Wholesale and retail 1 ✔
18 Technology and innovation 1 ✔
19 Engineering 1 ✔
20 Architectural, surveying, planning and landscape 1 ✔
21 Accountancy 1 ✔
22 Legal 1 ✔
23 Education 1 ✔
24 Sports, performing arts, culture and publication 1 ✔
25 Medical and health services 1 ✔
26 Social welfare 1 ✔
27 Labour 3 ✔
28 HKSAR deputies to the NPC, HKSAR members of the National Committee of CPPCC, and representatives of relevant national organisations 1 ✔
Total：30

Remark:
(i) Eligible corporate voters of a functional constituency shall be composed of bodies, organisations, associations or businesses which are representative and specified in relevant laws. To be eligible as a corporate voter of a functional constituency, an association or business should be in continuous operation for more than three years after acquiring qualifications for that functional constituency, unless they are specified in the electoral laws of the HKSAR.

Nomination and Candidature

  • Candidates must fulfil the following two criteria:
    1. Each candidate shall be nominated by no less than 10, but no more than 20 electors of the respective constituency.
    2. No less than 2 but no more than 4 Members from each of the five sectors of the Election Committee.
  • Each Member of the Election Committee can only nominate one candidate in the functional constituency election.

Voting

  • Electors of each constituency shall elect the LegCo Member of their respective constituency by secret ballot.
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Part three: Returned by Geographical Constituencies through Direct Elections

Delineation and System of Election

  • The territories of Hong Kong will be divided into 10 constituencies. Each constituency shall return 2 Members.

Nomination and Candidature

  • Candidates must fulfil the following two criteria:
    1. Nominated by no less than 100, but no more than 200 electors of the respective constituency.
    2. Nominated by no less than 2 but no more than 4 Members from each of the five sectors of the Election Committee.
  • Each Member of the Election Committee can only nominate one candidate in the direct election of the geographical constituencies.

Polling

  • Electors may select one candidate by secret ballot, and the 2 candidates who obtain the greatest number of votes shall be returned in the election.
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Overview of Candidature, Nomination and Voting Arrangements

Formation Method Who can run in the election? Nomination Threshold Electorate Voting method
Nominations from EC / relevant FC or GC Nominations from EC
Election Committee Constituency
(40 seats)		 All Registered Electors aged 21 or above (need not be EC Members) who have ordinarily resided in Hong Kong for 3 years immediately preceding the nomination 10-20 2-4 from each of the 5 sectors 1500 EC Members
  • Block Vote (each EC member must select 40 candidates)
  • The 40 candidates who obtain the greatest number of votes shall be returned in the election.
Functional Constituencies
(30 seats)		 Registered Electors aged 21 or above who have ordinarily resided in Hong Kong for 3 years immediately preceding the nomination
and
Registered voters of the concerned FC or has a substantial connection with that FC		 10-20 2-4 from each of the 5 sectors Eligible individual and corporate electors*
  • Except the Labour FC shall continue to return 3 Members, all other constituencies shall return one member each
  • First-Past-the-Post
Geographical Constituencies
(20 seats)		 All Registered Electors aged 21 or above who have ordinarily resided in Hong Kong for 3 years immediately preceding the nomination 100-200 2-4 from each of the 5 sectors All registered electors
  • Double Seats and Single Vote (each constituency returns 2 members, and each voter can vote for 1 candidate)
  • The two candidates who obtain the greatest number of votes shall be returned in the election.

*Unless specified in the electoral law, an association or enterprise may become a corporate elector for an FC only if it has been operating for not less than three years after acquiring relevant qualifications for that FC.

Nominations by Election Committee Member Using Different Capacities

The nomination period for the 2021 Legislative Council (LegCo) General Election is from 30 October to 12 November. Members of the Election Committee (EC) may nominate candidates for the LegCo election by signing on the relevant forms in accordance with the law. The number of nomination forms that an EC member may sign to subscribe is set out in section 7 of the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap. 542C). In brief, each EC member may sign to subscribe on up to fiveNote 1 nomination forms in different capacities. The detailed arrangements are tabulated below –

Constituency As a EC member As a GC/FC elector/ Maximum number of forms that an EC member may subscribe in different capacities
Geographical Constituency (GC) In any GC: 1 In his/her own GC: 1 2Note 2
Functional Constituency (FC) In any FC: 1 In his/her own FC: 1 (Labour FC: 3) 2Note 3
(If the EC member is an elector in the Labour FC: 4)
Election Committee Constituency 1 1

Note 1: If the EC member is the authorized representative of a corporate elector of a functional constituency, the EC member may subscribe one additional nomination form for the corporate elector in the capacity as the authorized representative.

Note 2: Specifically, an EC Member can nominate one candidate as a GC elector in the GC that he/she belongs to, and nominate another candidate in the capacity as an EC member in either the GC that he/she belongs to or in any other GC. Meanwhile, an EC member can also choose to nominate the same candidate in the same nomination form in the GC that he/she belongs to, in both capacities as an EC member and as a GC elector.

Note 3: Specifically, an EC Member can nominate one candidate as an FC elector in the FC that he/she belongs to (if he/she is an elector in the Labour FC, he/she can nominate up to three persons), and nominate another candidate in the capacity as an EC member in either the FC that he/she belongs to or in any other FC. Meanwhile, an EC member can also choose to nominate the same candidate in the same nomination form in the FC that he/she belongs to, in both capacities as an EC member and as an FC elector.

Please note that according to the relevant legislation, if an EC member subscribes more nomination forms than the number of nomination forms which the EC member is entitled to in a particular capacity, generally the EC member's signature is inoperative on any nomination form so subscribed other than the first one delivered*. If the candidate concerned cannot make up the required number of subscriptions from the electors of the geographical/functional constituency electors or EC members before the close of the nomination period, the nomination of the candidate will be invalid.

*Unless the nomination of the candidate concerned is decided as invalid.

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