Hong Kong Diploma of Secondary Education
Liberal Studies
Independent Enquiry Study Report
Standard Covering Page (for written reports and short written texts of non-written reports starting
from 2017)
Enquiry Question: Should Functional Constituency elections in the Legislative Council be
abolished?
Year of Examination:
Name of Student:
Class/ Group:
Class Number:
Number of words in the report:
3162
Notes:
1. Written reports should not exceed 4500 words. The reading time for non-written reports should
not exceed 20 minutes and the short written texts accompanying non-written reports should not
exceed 1000 words.
The word count for written reports and the short written texts does not
include the covering page, the table of contents, titles, graphs, tables, captions and headings of
photos, punctuation marks, footnotes, endnotes, references, bibliography and appendices.
2.
Candidates are responsible for counting the number of words in their reports and the short
written texts and indicating it accurately on this covering page.
3. If the Independent Enquiry Study Report of a student is selected for review by the School-Based
Assessment System, the school should ensure that the student’s name, class/ group and class
number have been deleted from the report before submitting it to the Hong Kong Examinations
and Assessment Authority.
Schools should also ensure that the identities of both the schools
and students are not disclosed in the reports.
For non-written reports, the identities of the
students and schools, including the appearance of the students, should be deleted.
Sample
1
Table of Contents
A. Problem Definition
P.3
B. Relevant Concepts and Knowledge/ Facts/ Data
P.5
C. In-depth Explanation of the Issue
P.9
D. Judgment and Justification
P.13
References
P.18
2
A. Problem Definition
The Functional Constituencies (FCs) have long been criticized without high representativeness
and violate the principle of democracy. Many people in the society ask for the abolition of it.
According to the recent political reform package, if the 2017 Chief Executive election in Hong
Kong conducted by universal suffrage, the Legislative Council elections in 2020 could also be
conducted by universal suffrage.1 It is arguable whether the FCs are incompatible or compatible
with universal suffrage. Therefore, whether to retain or abolish the Functional Constituency
elections in the Legislative Council is a controversial issue and there are divided views in the
community.
The FC first developed in the release of "Green Paper: A Pattern of District Administration in
Hong Kong" in July 1984.2 The introduction of FCs was part of an overall plan to develop
representative government in Hong Kong, and in Legislative Council (LegCo) particularly, during
the final years of British sovereignty. 3 In the White Paper on the Further Development of
Representative Government in Hong Kong 19844, there are some objectives: first, the system of
representative government rooted in the community and be accountable to Hong Kong people;
second, to ensure broadly based selection method for the LegCo., third, to provide a foundation for
further development in composition and selection method in the LegCo.
It was a transitional arrangement before handover and acted as a buffer between direct and
indirect elections.5 Hong Kong society now is ready for a directly elected legislature as people are
more aware of their political rights and freedoms in recent years. The community as a whole is
better informed. Direct elections have been practiced for almost three decades and all the past
elections held were smooth and peaceful. The importance of FCs in Hong Kong has been greatly
declined and the demands for direct elections in the LegCo have been increasing among Hong Kong
people. Therefore, it is a debate on the abolition of the FC elections in the LegCo.
In 2012, the new arrangement in the Legislative Council election seems broaden the electoral
base of the Functional Constituencies election. However, the existing traditional Functional
Constituencies in the Legislation Council election are still undemocratic and hinder the democratic
development.
The aim of this report is to evaluate whether the FCs should be abolished in the Legislation
Council election by analyzing the relationship between the principles of universal suffrage and
1
Methods for selecting the Chief Executive in 2014 and for Forming the Legislative Council in 2016 Public consultation,
http://www.2017.gov.hk/en/home/index.html
2
http://en.wikipedia.org/wiki/Functional_constituency_(Hong_Kong)
3
A Critical Introduction to Hong Kong's Functional Constituencies Functional Constituency Research Project 2004
http://hub.hku.hk/handle/10722/118843
4
White Paper: The Further Development of Representative Government in Hong Kong, cited in A Critical Introduction to Hong Kong's Functional
Constituencies Functional Constituency Research Project 2004 http://hub.hku.hk/handle/10722/118843
5
A Critical Introduction to Hong Kong's Functional Constituencies Functional Constituency Research Project 2004
http://hub.hku.hk/handle/10722/118843
3
functional constituencies, the arrangement and electoral base of the FCs, the performance and the
popularity of FCs lawmakers, etc.
4
B. Relevant Concepts and Knowledge/ Facts/ Data
Legislative Council arrangement
Currently, according to the 2012 LegCo election arrangement, there are 30 elected by 28
traditional FCs, whereas 40 out of the 70 Legislative Council seats are directly elected by the
general public (35 through Geographical Constituencies (GCs) and 5 through District Council
(Second) functional constituency). The details see the table below 6
Composition (70 seats)
- 35 members to be returned from Geographical Constituencies (GCs)
- 35 members to be returned from Functional Constituencies (FCs)
Geographical Constituencies (“GCs”) (35 seats)
(1)
Hong Kong Island
7 seats
(2)
Kowloon West
5 seats
(3)
Kowloon East
5 seats
(4)
New Territories West
9 seats
(5)
New Territories East
9 seats
Voting system: List system of proportional representation
Functional Constituencies (“FCs”) (35 seats)
(1)
Heung Yee Kuk*
1 seat
(2)
Agriculture and Fisheries*
1 seat
(3)
Insurance*
1 seat
(4)
Transport*
1 seat
(5)
Education
1 seat
(6)
Legal
1 seat
(7)
Accountancy
1 seat
(8)
Medical
1 seat
(9)
Health Services
1 seat
(10)
Engineering
1 seat
(11)
Architectural, Surveying and Planning 1 seat
(12)
Labour
3 seats
(13)
Social Welfare
1 seat
(14)
Real Estate and Construction
1 seat
(15)
Tourism
1 seat
(16)
Commercial (first)
1 seat
6
http://www.elections.gov.hk/legco2012/eng/facts.html#Composition
5
(17)
Commercial (second)
1 seat
(18)
Industrial (first)
1 seat
(19)
Industrial (second)
1 seat
(20)
Finance
1 seat
(21)
Financial Services
1 seat
(22)
Sports, Performing Arts, Culture and 1 seat
Publication
(23)
Import and Export
1 seat
(24)
Textiles and Garment
1 seat
(25)
Wholesale and Retail
1 seat
(26)
Information Technology
1 seat
(27)
Catering
1 seat
(28)
District Council (first)
1 seat
(29)
District Council (second)
5 seats
Voting systems: Different voting systems apply to different FCs, namely (a) for the 4 special FCs (marked with
* ), the preferential elimination system of voting; (b) for the District Council (second) functional constituency
(“DC (second) FC”), the list system of proportional representation; and (c) for the remaining 24 ordinary FCs,
the first-past-the-post voting system.
Number of electors
Geographical Constituencies: 3,466,201
Functional Constituencies: 240,735*
* Excluding 3,219,755 electors of the District Council (second) functional constituency
Election arrangement of LegCo in the Basic Law
Regarding the method for forming the Legislative Council, Article 68 of the Basic Law
stipulates that “... 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 election of all the members of the Legislative Council by universal suffrage.”
Therefore, implementing universal suffrage ultimately is a requirement under the Basic Law.
In additional, it is required that the constitutional development in HKSAR should adhere to the
following 4 main principles under the Basic Law7: first, meeting the interests of different sectors of
society; second, facilitating the development of the capitalist economy; third, gradual and orderly
progress and forth, appropriate to the actual situation in the HKSAR. It shows the arrangement of
7
Methods for selecting the Chief Executive in 2014 and for Forming the Legislative Council in 2016 Public consultation
http://www.2017.gov.hk/en/home/index.html
6
the political arrangement in the LegCo need to follow the requirement in the Basic Law and it
shows the progress to democracy and universal suffrage ultimately.
The principle of balanced participation8
The principles of balanced participation ensure wide acceptance and support to the political
system, and hence maintain political stability as well as sustainable and orderly democratization.
Different countries have different perceptions of and planning for balanced participation and
according to their own conditions. While respecting the dignity and freedom of choice of
individuals, the design of the political structure and electoral systems of a place are determined by
other factors such as its own national conditions, history, tradition and culture, state of economy,
ethnic characteristics and established values. Therefore, it requires an open discussion to decide the
meaning of balanced participation in the LegCo with consensus in the society.
Universality and equality
According to the International Covenant on Civil and Political Rights (ICCPR), Article 259, it
states,
Every citizen shall have the right and the opportunity, without any of the distinctions
mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen
representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by universal and
equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will
of the electors;
(c) To have access, on general terms of equality, to public service in his country.
In Hong Kong, according to the Basic Law 10Article 39, the provisions of the International
Covenant on Civil and Political Rights, the International Covenant on Economic, shall remain in
force and shall be implemented through the laws of the Hong Kong Special Administrative Region.
In other words, the political arrangement should in compliance with these international standards
and under its protection -the open, free and equal right to vote and to be voted/elected in the
genuine elections.
8
Adoption of the Principles of “Universal Suffrage” and “Balanced Participation”－ Practices in Some Democratic Countries
http://www.legco.gov.hk/yr05-06/english/panels/ca/papers/ca0320cb2-1307-a-e.pdf
9
http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
10
http://www.basiclaw.gov.hk/en/index/index.html
7
Universal suffrage
Universal suffrage11 consists of the extension of the right to vote to adult citizens, though it
may also mean extending that right to minors and non-citizens. Suffrage has two necessary
components, the right to vote and opportunities to vote. Where universal suffrage exists, the right to
vote is not restricted by race, sex, belief, wealth, or social status. In Hong Kong, it is granted in the
Basic Law that both the election of Chief Executive and the Legislative Council will practice
universal suffrage ultimately in future.
11
http://en.wikipedia.org/wiki/Universal_suffrage
8
C. In-depth Explanation of the Issue
Opinions support the abolition of FCs
1. Imbalance representativeness between FCs and GCs
Advocates for democratization in Hong Kong tend to see functional constituency elections in
the Legislative Council as politically retrogressive, protecting the business sector's interests, and
they ask for abolition.12
Although with new 5 FCs in 2012, the majority of the Hong Kong people cannot be
represented in the traditional constituencies which take 30 seats in the LegCo. As the electoral base
has great different between two constituencies, it roughly has around 230 thousand of voters in the
FCs whereas there are more than 3 million voters in GC. The franchise should be broadened in all
the functional constituencies, to include not only the elites in the various sectors but also all
employees.
The electoral base of traditional FCs could be shown in the following statistics13:
Table 1: Distribution of registered voters in GCs and traditional FCs in 2013
Registered
FCs
Registered
FCs
voters
voters
1
Health Services
37353
15
Import and Export
1429
2
Engineering
9119
16
Information Technology
6322
3
Social Welfare
13885
17
Textiles and Garment
3196
4
Architectural
9119
18
Wholesale and Retail
7093
5
Education
91621
19
Catering
7673
Legal
6478
20
Sports, Performing Arts,
Culture and Publication
2554
7
Accountancy
25154
21
Agriculture and Fisheries
158
8
Medical
10825
22
Insurance
130
9
Heung Yee Kuk
145
23
Transport
201
10
District Council (1st)
412
24
Labour (3 Seats)
646
1668
25
Tourism
1336
6
11
nd
Commercial (2 )
12
st
Industrial (1 )
604
13
Construction
14
12
13
26
st
Commercial (1 )
935
740
27
Industrial (2nd)
825
Financial Services
594
28
Finance
140
Total
238,022
'Scrap-or-keep' debate on functional constituencies leads us nowhere, SCMP, 21 October, 2013
Vote Registration Statistics : Functional Constituency in 2013
http://www.voterregistration.gov.hk/eng/statistic20133.html
9
GCs
Registered voters
1
Hong Kong Island
601,110
2
Kowloon East
563,604
3
Kowloon West
437,228
4
New Territories East
879,288
5
New Territories West
990,193
Total
3,471,423
From the tables, the electoral base of the traditional Functional Constituencies is much
narrower than the Geographical Constituencies. For example, the lawmakers are just elected by a
small group of the population (around 240,000 out of 7 million eligible voters). Some of the
Functional Constituencies only consists of several hundred registered voters which cannot really
represent the whole sector. The narrow electoral base in the election may cause unequal meaning of
representativeness.
2. Nomination requirement
The right to vote and being vote is not fair.14 They are two main types of voters in FCs;
cooperate vote and individuals vote. For cooperate vote, this means the voting power on the owner
of the business instead of the all participate in the field. In every Hong Kong workplace where one
finds employees (or the employer itself) eligible to vote in the FCs, there will inevitably be a
number of employees in the same workplace who are ineligible. 15 In 2009, there were 12940
participates in the Insurance sectors, but only 141 registered cooperate votes whereas there were
118,337 participates in Financial Services but only 578 registered cooperate votes in this sector. 16
It shows this arrangement strongly distorts the meaning of representation and lots of voices cannot
be effectively reflected. This type of unequal treatment perpetuates social values of elitism which
are contrary to the values of equality.
3. Lack of competition
Some constituencies where their candidates were elected unopposed. These candidates may be
the cooperate voters rather than individual one. They represent the interest of business group and
pro-government group. In the 2012 LegCo election, candidates were returned unopposed in 16 of
the 30 seats in the 28 functional constituencies. Moreover, in the agriculture and fisheries functional
constituency, only 123 voters turned out. Compare that with the 61,705 voters for the educational
constituency - a turnout 500 times higher.17
14
`Should Functional Constituency be abolished’
http://cdehk.com/%E7%AB%8B%E6%B3%95%E6%A9%9F%E9%97%9C/%E6%87%89%E5%90%A6%E5%BB%A2%E9%99%A4%E5%8A%9F%E8%83%B
D%E7%B5%84%E5%88%A5/?lang=en
15
A Critical Introduction to Hong Kong’s Functional Constituencies
16
解構功能組別(一): 何來「均衡參與」?
http://www.procommons.org.hk/%E6%A2%81%E5%85%86%E6%98%8C%E3%80%81%E9%83%AD%E6%A6%AE%E9%8F%97-%E8%A7%A3%E6%A7%
8B%E5%8A%9F%E8%83%BD%E7%B5%84%E5%88%A5%E4%B8%80-%E4%BD%95%E4%BE%86%E3%80%8C%E5%9D%87%E8%A1%A1%E5%8F%83%E
8%88%87
17
'Scrap-or-keep' debate on functional constituencies leads us nowhere, SCMP, 21 October, 2013
10
Distribution of number of candidates in traditional FCs in 201218
No. of
FCs
No. of
FCs
candidates
candidates
1
Health Services
2
15
Import and Export
1
2
Engineering
4
16
Information Technology
2
3
Social Welfare
2
17
Textiles and Garment
2
4
Architectural
3
18
Wholesale and Retail
1
5
Education
2
19
Catering
1
Legal
2
20
7
Accountancy
4
21
Agriculture and Fisheries
2
8
Medical
2
22
Insurance
1
9
Heung Yee Kuk
1
23
Transport
1
1
24
Labour (3 Seats)
3
2
6
10
st
District Council (1 )
nd
Sports, Performing Arts,
Culture and Publication
11
Commercial (2 )
1
25
Tourism
12
Industrial (1st)
1
26
Commercial (1st)
nd
3
1
13
Construction
1
27
Industrial (2 )
1
14
Financial Services
5
28
Finance
1
From the statistics, nearly half (13 out of 28) of the constituencies are uncontested in the
election. This revealed that the presence of the functional constituencies may hinder the competition
of seats in the sectors.
The system of functional constituencies is undemocratic because it confers a right to vote to a
small group of social, economic and political elites in the society. Since they are elected by a small
group of the population, they are not accountable to the public at large.
On the other hand, The FC electoral arrangements overwhelmingly favour the business and
professional elites rather than the general citizen. The system of FCs is therefore a representation of
special interests rather than public interest.
18
Other Functional Constituencies (30 seats)
http://en.wikipedia.org/wiki/Hong_Kong_legislative_election,_2012
11
The opinion of keeping the FCs
1. Realizing balanced participation
Some opinions stated that FCs can secure the principle of “balance participation” which
represents interest of different sectors of society.19 Hong Kong is a financial centre and focus on
economic activities, FCs have been playing an important role in the community as the voices of the
business and professional sectors have made contributions to the development of the capitalist
economy in Hong Kong. The abolition of FCs cannot protect their voices and affect the `balance
participation’ in council when dominated by the voices of anti- government. The past experience
has shown the constituency election was an effective way to ensure different walks of life and to
contribute the prosperity and stability of Hong Kong20. Hong Kong has its uniqueness and as one of
our country’s special administrative regions, we cannot copy the political systems of another
country.
2. Performing safeguarding function21
If all councilors elected from geographical constituencies, Hong Kong might easily become a
welfare society. Therefore, the setting in the Basic Law with the idea of bicameral voting system
which the motion, bill or amendment introduced by individual members of councilors required a
simple majority vote of each chamber. Many motions, bills or amendment which are not conducive
to Hong Kong’s long-term economic prospects are filtered by the functional constituencies.
22
3. Avoid too political in the council
There are already lots of argument and disputes in the council nowadays. Many
anti-government voices with many activities hinder the operation in the law marking process. The
result is to postpone the effectiveness of the government. If no FCs gives advice and support to the
government, the discussion time will be longer and longer. But the loss will be the general public if
the government lack of the support and professional expertise from the FCs. The effectiveness of
the executive must be affected.
19
廢除功能組別必釀 5 大惡果 http://paper.wenweipo.com [2013-11-12]
功能組別議席是對全民民主的制約, 林貢欽 http://www.xmu.com.hk/view.asp?id=4688
21
`Function Constituencies help realizing balanced participation’
http://www.cgcc.org.hk/gb/chamber/bulletin/files/Bulletin_1275983302.34728_24-26.pdf
20
22
廢除功能組別必釀 5 大惡果 http://paper.wenweipo.com
[2013-11-12]
12
D. Judgment and Justification
I support to abolish the FCs or need to change the existing composition and arrangement. It is
based on the following aspects:
1. Convergence to the Basic Law
The Basic Law stated that the ultimate aim that all members would be elected by universal
suffrage in the LegCo.23 Moreover, Chinese official also claimed that if the 2017 Chief Executive
election in Hong Kong were to be conducted by universal suffrage, the Legislative Council
elections in 2020 could also be conducted by universal suffrage.24 It is proper and reasonable that
the FCs can be abolished as soon as possible and it is compatible with universal suffrage laid down
in the Basic Law.
2. Violate the principle of universal and equality
As mentioned above, the arrangement of FCs is controversial and the size of electorate and
electoral method in each FC seat may vary. Therefore, the representativeness is difficult among the
traditional constituencies as some adopt individual vote and some are cooperate vote. More badly, it
also has great different as compare with the GCs which represent about three million voters,
whereas the traditional GCs only represent nearly twenty three thousand voters. It is obviously
against the idea of “equal” suffrage. Therefore, the representative is different and easily controlled
by the cooperate voter who representing business interest rather than the general view.
The Hong Kong Bar Association has commented that functional constituencies must be
abolished in order for the Legislative Council to return by universal suffrage in compliance with
Article 25(b) of the ICCPR25. The former Secretary for Constitutional and Mainland Affairs, Mr.
Stephen Lam also claimed that the existing electoral method for the FCs of the LegCo does not
comply with the principles of universality and equality. The existing electoral arrangements cannot
be maintained when universal suffrage for the LegCo is implemented.26 It means the government
also confess that the improper arrangement of the FCs which violate the idea of universal and
equality.
Some would say the existence of functional constituencies is to allow the voices of the
professional sectors to be reflected in the Legislative Council and to improve the quality of
23
The Basic Lawhttp://www.basiclaw.gov.hk/en/index/
24
Methods for selecting the Chief Executive in 2014 and for Forming the Legislative Council in 2016 Public
consultation http://www.2017.gov.hk/en/home/index.html
25
Hong Kong A step taken in development of political system
http://www.hkba.org/whatsnew/misc/HKBA_Constitutional-related_articles_July_2010.pdf
26
LCQ5: Functional constituencies http://www.info.gov.hk/gia/general/201005/26/P201005260149.htm
13
governance. 27They assume they could provide professional advice directly and effectively to the
Government’s policy. But they is no strong evident that only FCs can perform better advice than the
members in GCs. Instead, the members from FCs have poorer performance in LegCo.
3. Poorer performance from FCs
3.1 Weak in uphold the duty and supervision of the government
The performance of the Function Constituency Lawmakers could be demonstrated in the
following statistics28:
Table 2.1: The average number of questions initiated by lawmakers in 2012-13 Legislative Council’s meetings
Function Constituency lawmakers
Geographical Constituency lawmakers
8.2
9.8
Average Number of questions
Table 2.2: The average number of motions and amendments to the motion proposed by lawmakers in
2012-13 Legislative Council’s meetings
Average Number of questions
Function Constituency lawmakers
Geographical Constituency lawmakers
3.6
5.1
Table 2.3: The average number of speeches initiated by lawmakers in 2012-13 Legislative Council’s meetings
Function Constituency lawmakers
Average Number of questions
23.9
Geographical Constituency lawmakers
29.9
From the above tables, the performance of Function Constituency Lawmakers is not as good as
those Geographical Constituency lawmakers in general. One of the functions of the LegCo is to
supervise the performance of the government, if the members from FCs with less time ask questions,
make speeches and absent from meeting, it shows they cannot uphold they duty well as compare
with the stronger competitive members whom directly elected from the higher representativeness in
GCs.
Besides, in the 2012-2013 LegCo sessions, there were three councilors without any motion and
amendments, and all three, Lau Wong-fat, Wong Ting-kwong and Cheung Yu-yan, were come from
FCs. As it is their basic duty for them to raise questions to government, they did not perform it well
and not accountable to their voters. However, as they are come from FCs, their responsibility was
not high as they did not directly elected. In order to make the councilor more effective and
accountable, it is a need to abolish the FCs and introduce direct election of their posts.
3.2 Weak in popularity
27
Frequently Asked Questions on Functional Constituencies
http://www.procommons.org.hk/newsletter-on-political-reform-3-%E6%94%BF%E6%94%B9%E9%80%9A%E8%A8%8A
%E7%AC%AC%E4%B8%89%E6%9C%9F
28
Catholic Monitors on Legislative Councilors 2012-2013 Monitors Report
http://www.legco-monitors.org/
14
The University of Hong Kong conducts a survey “Ratings of top 10 Legislative Councillors”
regularly. The survey can reflect the popularity of lawmakers among the public. The following table
shows the result:
15
Table: The top 10 best-known legislative councillors recognized by the public between 2011 and 2014
Period
Top
10
14-17/4/2014
12-17/7/2013
15-21/1/2013
12-19/7/2012
26-31/1/2012
11-20/7/2011
1
Jasper Tsang
Jasper Tsang
*Chan Yuen-han
Audrey Eu
Regina Ip
Audrey Eu
2
Regina Ip
Regina Ip
Jasper Tsang
Jasper Tsang
Jasper Tsang
Alan Leong
3
James Tien
Michael Tien
Regina Ip
Regina Ip
Audrey Eu
Regina Ip
4
Alan Leong
Alan Leong
James Tien
James Tien
Lee Cheuk-yan
Jasper Tsang
5
Michael Tien
James Tien
Emily Lau
Alan Leong
Emily Lau
Regina Ip
6
Emily Lau
Emily Lau
*Albert Ho
Lee Cheuk-yan
Alan Leong
Albert Ho
7
Lee Cheuk-yan
Lee Cheuk-yan
Paul Tse
Albert Ho
Tam Yiu-chung
Lee Cheuk-yan
8
*Albert Ho
*Albert Ho
Wong Yuk-man
Albert Chan
Albert Ho
Tam Yiu-chung
9
Leung Kwok-hung
Leung Kwok-hung
Leung Kwok-hung
Wong Yuk-man
Leung Kwok-hung
Wong Yuk-man
10
Wong Yuk-man
Wong Yuk-man
Albert Chan
Leung Kwok-hung
Wong Yuk-man
Leung Kwok-hung
nd
* Elected by the new Functional Constituency (DC 2 )
Among the top 10 best-known legislative councilors recognized by the public, none of them are
from traditional Functional Constituencies. The result from the above table reflected that lawmakers
from traditional Functional Constituencies are much less popular than lawmakers from
Geographical Constituencies among the public.
4. Veto by minority in LegCo
The minority from the FCs can reject the decision by split voting in two chambers by pass
motions suggested by the councilors. This minority voice in FCs represents the business group
rather than the interest of grass-root from geographic constituencies. Any motion, bill or
amendment pass, it must obtain a simple majority of votes in each chamber. This arrangement can
give the minority FC members a veto over legislative action introduced by GC members whom are
presenting the 3 million voters. It is unfair arrangement of GC which distort the representativeness
of general public.
Conclusion
From the above discussion, I agree to abolish the FCs as soon as possible because it is no
longer as the best way to transit the council with more direct elected seats. The more important is
the FCs violates the democratic values such as universal suffrage, the balanced participation and the
universality and equality.
There is a say that it is a time to reveal a more suitable grouping of functions in FCs29. As the
society is changing and many new occupations exist and becoming more important. The existing
functional constituencies need to be revealed and invite a discussion in the society for further
decision in the FCs.
29
香港立法會有長期保留功能組別的必要香港調查研究中心 / 2010-01-20
http://www.hongkongirc.org/articles_page.php?aid=194
16
Moreover, other view such as a demanding the electorate base of the FCs should be
broadened.30 For example, by allowing the FCs to nominate candidates for election by all voters of
Hong Kong, i.e. the "one-person-two-votes" model whereby each voter can cast one vote in the
geographical constituency (GC) election, and the other in the FC election.
My view is open to the above two suggestions if it can fulfill the principle of the universal and
equality. But it requires a serious and fair discussion which can balance the various interests and get
the consensus among the society. If there is no consensus to abolish the FCs immediately, asking
for broadening the nomination requirement and expanding the electoral base are important. As there
is a schedule as early as in 2020 for LegCo election with universal suffrage, it is a good time to start
the discussion and debate for this issue.
30
功能組別存廢爭持激烈
Mingpao 2013 年 12 月 16 日
http://specials.mingpao.com/cfm/News.cfm?SpecialsID=277&News=885b8595ba7315e7cae95196207306b6caf8c513323854e7aaca
17
References
News article
1. “The Legco no-show”, SCMP, 18 July 2013.
2. `Scrap-or-keep debate on functional constituencies leads us nowhere’, SCMP, 21 October,
2013.
3. 廢除功能組別必釀 5 大惡果, Wenweipo, 12 Nov 2013, http://paper.wenweipo.com
4. 功能組別存廢爭持激烈
李慧
聞小圈提名大圈投票方案, Mingpao, 2013 年 12 月 16
日,
http://specials.mingpao.com/cfm/News.cfm?SpecialsID=277&News=885b8595ba7315e7ca
e95196207306b6caf8c513323854e7aaca
Websites
1. 2012 Legislative Council Election Result
http://www.elections.gov.hk/legco2012/eng/result/rs_fc_FC.html
2. A Critical Introduction to Hong Kong's Functional Constituencies Functional Constituency
Research Project 2004, http://hub.hku.hk/handle/10722/118843
3. Adoption of the Principles of “Universal Suffrage”and Balanced Participation”－ Practices
in Some Democratic Countries,
http://www.legco.gov.hk/yr05-06/english/panels/ca/papers/ca0320cb2-1307-a-e.pdf
4. Basic Law, http://www.basiclaw.gov.hk/en/index/index.html
5. Catholic Monitors on Legislative Councillors 2012-2013 Monitors Report,
6. http://www.legco-monitors.org/
7. Fact about the election, http://www.elections.gov.hk/legco2012/eng/facts.html#Composition
8. Frequently Asked Questions on Functional Constituencies,
http://www.procommons.org.hk/newsletter-on-political-reform-3-%E6%94%BF%E6%94%
B9%E9%80%9A%E8%A8%8A%E7%AC%AC%E4%B8%89%E6%9C%9F
9. Functional constituency, http://en.wikipedia.org/wiki/Functional_constituency
18
10. `Function Constituencies help realizing balanced participation’
http://www.cgcc.org.hk/gb/chamber/bulletin/files/Bulletin_1275983302.34728_24-26.pdf
11. FUNCTIONAL CONSTITUENCIES PART I : COMPOSITION
http://www.eac.gov.hk/pdf/legco/2012lc_guide/en/chapter_3.pdf
12. Hong Kong A step taken in development of political system,
http://www.hkba.org/whatsnew/misc/HKBA_Constitutional-related_articles_July_2010.pdf
13. LCQ5: Functional constituencies,
http://www.info.gov.hk/gia/general/201005/26/P201005260149.htm
14. Methods for selecting the Chief Executive in 2014 and for Forming the Legislative Council
in 2016 Public consultation, http://www.2017.gov.hk/en/home/index.html
15. Nominations for 2012 Legislative Council Election
http://www.info.gov.hk/gia/general/201206/22/P201206220326.htm
16. Other Functional Constituencies (30 seats),
http://en.wikipedia.org/wiki/Hong_Kong_legislative_election,_2012
17. Package of proposals for the methods for selecting the Chief Executive and forming the
legislative council in 2012, http://www.cmab-cd2012.gov.hk/en/home/index.htm
18. “Ratings of top 10 Legislative Councillors survey” Public Opinion Programme, the
University of Hong Kong http://hkupop.hku.hk/chinese/popexpress/lcrating/topten2.html
19. `Should Functional Constituency be abolished’
http://cdehk.com/%E7%AB%8B%E6%B3%95%E6%A9%9F%E9%97%9C/%E6%87%89
%E5%90%A6%E5%BB%A2%E9%99%A4%E5%8A%9F%E8%83%BD%E7%B5%84%E
5%88%A5/?lang=en
20. Universal suffrage, http://en.wikipedia.org/wiki/Universal_suffrage
21. Vote Registration Statistics : Functional Constituency in 2013,
http://www.voterregistration.gov.hk/eng/statistic20133.html
22. White Paper: The Further Development of Representative Government in Hong Kong, cited
in A Critical Introduction to Hong Kong's Functional Constituencies Functional
Constituency Research Project 2004, http://hub.hku.hk/handle/10722/118843
23. 功能組別議席是對全民民主的制約, 林貢欽, http://www.xmu.com.hk/view.asp?id=4688
19
24. 香港立法會有長期保留功能組別的必要香港調查研究中心 / 2010-01-20,
http://www.hongkongirc.org/articles_page.php?aid=194
25. 解構功能組別(一): 何來「均衡參與」?
http://www.procommons.org.hk/%E6%A2%81%E5%85%86%E6%98%8C%E3%80%81%
E9%83%AD%E6%A6%AE%E9%8F%97-%E8%A7%A3%E6%A7%8B%E5%8A%9F%E
8%83%BD%E7%B5%84%E5%88%A5%E4%B8%80-%E4%BD%95%E4%BE%86%E3%
80%8C%E5%9D%87%E8%A1%A1%E5%8F%83%E8%88%87
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題目
分數*
評語
Title
Marks*
Comments
Should
AB  Defined the objective of the enquiry study clearly
Functional
8
 Elaborated clearly on some concepts/ basic facts related to the study but the role of the concepts in the enquiry was not well articulated
Constituency
 Explained the importance of some of the concepts (e.g. the principle of balanced participation) to the discussion of Functional Constituencies
elections in
(FC), but seemingly biased to the concepts related to the abolition of FC. The concepts such as “principles of gradual and orderly progress”
the
(Article 68, Basic law of the HKSAR) and “populism” or “welfarism” could have been included in the report
Legislative
CD  Showed a good understanding of the controversy of the abolition of FC
Council be
8
abolished?
 Provided an in-depth analysis of the need to abolish functional constituencies with regard to the crux of the contention discussed in Part C, e.g.
the Basic Law, equality and the functions of FC, demonstrating multiple perspective thinking and profound knowledge of relevant concepts
 Was able to substantiate his/her arguments logically with evidence from various sources
 Could have scored higher if the discussion of the abolition of FC was extended further to other impact (e.g. the impact on the society and
livelihood)
PO  Was able to express his/her ideas clearly throughout the report, with clear paragraphing, logical and well-supported arguments
9
 Acknowledged the sources in detail
 The organisation of Parts A to D is coherent and well structured
* AB: 題 目 界 定 和 概 念 ／ 知 識 辨 識 (A 及 B 部分)
Problem Definition and Identification of Concepts/Knowledge (Parts A & B)
CD: 解 釋 和 論 證 (C 及 D 部分)
Explanation and Justification (Parts C & D)
PO: 表 達 與 組 織 (整分報告)
Presentation and Organisation (the whole report)
21