Basic Law of the Hong Kong Special Administrative Region/Annex I (2021)

Annex I: Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region

(Adopted at the Third Session of the Seventh National People's Congress on 4 April 1990, amended, as approved at the Sixteenth Meeting of the Standing Committee of the Eleventh National People's Congress on 28 August 2010, and amended at the Twenty-Seventh Meeting of the Standing Committee of the Thirteenth National People's Congress on 30 March 2021)

1. The Chief Executive shall be elected in accordance with this Law by an Election Committee which is broadly representative, suited to the actual situation of the Hong Kong Special Administrative Region (HKSAR), and represents the overall interests of society, and shall be appointed by the Central People's Government.

2. The Election Committee shall be composed of 1,500 members from the following sectors:

First Sector: Industrial, commercial and financial sectors 300

Second Sector: The professions 300

Third Sector: Grassroots, labour, religious and other sectors 300

Fourth Sector: Members of the Legislative Council, representatives of district organisations and other organisations 300

Fifth Sector: HKSAR deputies to the National People's Congress (NPC), HKSAR members of the National Committee of the Chinese People's Political Consultative Conference (CPPCC), and representatives of Hong Kong members of relevant national organisations 300

Members of the Election Committee must be permanent residents of the HKSAR

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

3. The delimitation of and the number of seats allocated to each sector of the Election Committee are as follows:

The First Sector shall be composed of the following 18 subsectors:

Industrial (first) 17

Industrial (second) 17

Textiles and garment 17

Commercial (first) 17

Commercial (second) 17

Commercial (third) 17

Finance 17

Financial services 17

Insurance 17

Real estate and construction 17

Transport 17

Import and export 17

Tourism 17

Hotel 16

Catering 16

Wholesale and retail 17

Employers' Federation of Hong Kong 15

Small and medium enterprises 15

The Second Sector shall be composed of the following 10 subsectors:

Technology and innovation 30

Engineering 30

Architectural, surveying, planning and landscape 30

Accountancy 30

Legal 30

Education 30

Sports, performing arts, culture and publication 30

Medical and health services 30

Chinese medicine 30

Social welfare 30

The Third Sector shall be composed of the following five subsectors:

Agriculture and fisheries 60

Labour 60 Grassroots associations 60

Associations of Chinese fellow townsmen 60

Religious 60

The Fourth Sector shall be composed of the following five subsectors:

Members of the Legislative Council 90

Heung Yee Kuk 27

Representatives of members of Area Committees, District Fight Crime Committees, and District Fire Safety Committees of Hong Kong Island and Kowloon 76

Representatives of members of Area Committees, District Fight Crime Committees, and District Fire Safety Committees of the New Territories 80

Representatives of associations of Hong Kong residents in the Mainland 27

The Fifth Sector shall be composed of the following two subsectors:

HKSAR deputies to the NPC and HKSAR members of the CPPCC National Committee 190

Representatives of Hong Kong members of relevant national organisations 110

4. The Election Committee shall be constituted in the following manner:

(1) HKSAR deputies to the NPC, HKSAR members of the CPPCC National Committee, Hong Kong members of the Committee for the Basic Law of the HKSAR under the NPC Standing Committee, members of the Legislative Council, university presidents or chairpersons of the board of governors or the council of universities, and responsible persons of statutory bodies, advisory bodies and relevant associations of the subsectors of engineering (15), architectural, surveying, planning and landscape (15), education (5), medical and health services (15) and social welfare (15) shall be Election Committee members of the corresponding subsectors.

An HKSAR deputy to the NPC or an HKSAR member of the CPPCC National Committee may choose to register as an Election Committee member in a subsector other than one in the Fifth Sector with which he or she has a substantial connection. If an HKSAR deputy to the NPC or an HKSAR member of the CPPCC National Committee is registered as an Election Committee member in a subsector other than one in the Fifth Sector, his or her seat shall be counted as one in that subsector and the number of members to be returned by that subsector in accordance with paragraph (3) of this subsection shall be reduced accordingly. After the registration of HKSAR deputies to the NPC and HKSAR members of the CPPCC National Committee as Election Committee members of the relevant subsectors, the number of members to be returned by those subsectors in accordance with paragraphs (1), (2) and (3) of this subsection, as determined by the provision in this sub-paragraph, shall remain unchanged within the term of office of the Election Committee.

(2) Election Committee members of the religious subsector shall be nominated;

15 members of the technology and innovation subsector shall be nominated from among Hong Kong academicians of the Chinese Academy of Sciences and the Chinese Academy of Engineering;

15 members of the accountancy subsector shall be nominated from among Hong Kong Accounting Advisors appointed by the Ministry of Finance;

9 members of the legal subsector shall be nominated from among Hong Kong members of the Council of the China Law Society;

15 members of the sports, performing arts, culture and publication subsector shall be nominated respectively by the Sports Federation and Olympic Committee of Hong Kong, China, China Federation of Literary and Art Circles Hong Kong Member Association and Hong Kong Publishing Federation;

15 members of the Chinese medicine subsector shall be nominated from among Hong Kong members of the Council of the World Federation of Chinese Medicine Societies; and

The 27 members of the subsector of representatives of associations of Hong Kong residents in the Mainland shall be nominated by such associations.

(3) Election Committee members of a subsector, except for those specified in paragraphs (1) and (2) of this subsection, shall be elected by eligible corporate voters for the corresponding subsector. Eligible corporate voters for subsectors shall be composed of institutions, organisations, associations or enterprises which are representative and specified by law. Unless specified in the electoral law of the HKSAR, an association or enterprise may become a corporate voter for a subsector only if it has been operating for not less than three years after acquiring relevant qualifications for that subsector. Election Committee members of subsectors -- the Heung Yee Kuk, representatives of members of Area Committees, District Fight Crime Committees, and District Fire Safety Committees of Hong Kong Island and Kowloon, and representatives of members of Area Committees, District Fight Crime Committees, and District Fire Safety Committees of the New Territories in the Fourth Sector and representatives of Hong Kong members of relevant national organisations in the Fifth Sector may be elected by individual voters. A candidate for Election Committee member of a subsector shall be nominated by five voters for the subsector. The number of candidates each voter for a subsector may nominate shall not exceed the number of seats allocated to the subsector. Voters for a subsector of the Election Committee shall elect Election Committee members of that subsector from the list of nominations by secret ballot.

The specific method for returning the Election Committee members referred to in the preceding subsection, including the definition of statutory bodies, advisory bodies, relevant associations and eligible corporate voters for relevant subsectors, the method for nomination of candidates and the method for voting shall be prescribed by the electoral law of the HKSAR.

5. There shall be a system of conveners for the Election Committee. The conveners shall be responsible for convening meetings of the Election Committee as necessary and handle relevant matters. A chief convener shall be an Election Committee member who holds an office of state leadership. The chief convener shall designate a number of conveners for each sector of the Election Committee.

6. A candidate for the office of Chief Executive shall be nominated by not less than 188 members of the Election Committee, with not less than 15 members from each of the five sectors. Each Election Committee member may nominate one candidate only.

7. The Election Committee shall elect the Chief Executive designate from the list of nominations by secret ballot on a one-person-one-vote basis. The Chief Executive designate must obtain more than 750 votes. The specific election method shall be prescribed by the electoral law of the HKSAR.

8. The Candidate Eligibility Review Committee of the HKSAR shall be responsible for reviewing and confirming the eligibility of candidates for Election Committee members and for the office of Chief Executive. The Committee for Safeguarding National Security of the HKSAR shall, on the basis of the review by the department for safeguarding national security of the Police Force of the HKSAR, make findings as to whether a candidate for Election Committee member or for the office of Chief Executive meets the legal requirements and conditions of upholding the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and swearing allegiance to the Hong Kong Special Administrative Region of the People's Republic of China, and issue an opinion to the Candidate Eligibility Review Committee of the HKSAR in respect of a candidate who fails to meet such legal requirements and conditions.

No legal proceedings may be instituted in respect of a decision made by the Candidate Eligibility Review Committee of the HKSAR on the eligibility of a candidate for Election Committee member or for the office of Chief Executive pursuant to the opinion of the Committee for Safeguarding National Security of the HKSAR.

9. The HKSAR shall, in accordance with the law, take measures against acts of manipulating or undermining election.

10. The NPC Standing Committee exercises in accordance with the law the power to amend this Method. Prior to making any amendment, the NPC Standing Committee shall solicit views of various sectors of Hong Kong by appropriate means.

11. The term of office of the Election Committee constituted under the Method previously in force shall terminate upon the commencement of term of office of the Election Committee constituted under this Method.

12. This Method shall come into force on 31 March 2021. Annex I and its amendment previously in force shall cease to apply.