2004 Hong Kong legislative election

Change in composition

According to the Annex II of the Basic Law of Hong Kong, the 6-seat Election Committee constituency indirectly elected by the 800-member Election Committee would be abolished, while the directly elected geographical constituency seats would increase from 24 to 30, same number of the indirectly elected functional constituencies. As a result, Hong Kong Island and Kowloon East was added one extra seat each, from five to six and four to five respectively, and the New Territories West and New Territories East was added two extra seats each, from six to eight and five to seven respectively, while the number of seats in Kowloon West remained four.

Background

The election came amidst the deteriorating governance and intense debates over constitutional reforms in Hong Kong. The Tung Chee-hwa administration had been embattling with economic recession brought by the 1997 financial crisis and the more prominent SARS outbreak in 2003. Nevertheless, the Tung administration pushed forward the controversial Hong Kong Basic Law Article 23 legislation which outlawed "treason" and "subversive activities" and raised concerns on its potential threats against Hong Kong people's civil liberties. A group of barristers formed the Basic Law Article 23 Concern Group and rallied against the national security legislation. Over 500,000 people to protested on 1 July 2003, the sixth anniversary of the establishment of the HKSAR, against the legislation, the largest demonstration since the handover. The Article 23 legislation further crippled the Tung administration as the government saw its popularity dropped to a new low. The Democratic Alliance for the Betterment of Hong Kong (DAB), the largest pro-Beijing party saw its largest defeat in the District Council elections in November 2003, which alarmed the Beijing and the Hong Kong government.

The Annex I and Annex II of the Basic Law state that the method for selecting the Chief Executive and for forming the Legislative Council could be amended after 2007. The pro-democracy camp argued that the third term of Chief Executive and fourth term of Legislative Council should be elected on the basis of universal suffrage in 2007 and 2008 as stipulated in the Article 45 and 68 of the Basic Law respectively. In 2004, the Article 23 Concern Group transformed into the Article 45 Concern Group calling for the early implementation of the universal suffrage. Facing the pro-democracy pressure for full democratisation, in April 2004, the National People's Congress Standing Committee (NPCSC) ruled out the 2007/08 universal suffrage.

Retiring incumbents

With the cancellation of the Election Committee constituency, there were total of twelve incumbents chose not to run for re-election. Ip Kwok-him lost his seat in the Central and Western District Council therefore was not qualified for running in the District Council functional constituency.

Opinion polling

Main article: Opinion polling for the Hong Kong legislative election, 2004

Results

Before election:

Change in composition:

|- ! style="background-color:#E9E9E9;text-align:center;" rowspan=2 colspan=3|Parties and allegiances ! style="background-color:#E9E9E9;text-align:right;" colspan=4 |Geographical constituencies ! style="background-color:#E9E9E9;text-align:right;" colspan=4 |Functional constituencies ! style="background-color:#E9E9E9;text-align:right;" rowspan=2 |Total seats ! style="background-color:#E9E9E9;text-align:right;" rowspan=2 |± |- ! style="background-color:#E9E9E9;text-align:right;" |Votes ! style="background-color:#E9E9E9;text-align:right;" |% ! style="background-color:#E9E9E9;text-align:right;" |±pp ! style="background-color:#E9E9E9;text-align:right;" |Seats ! style="background-color:#E9E9E9;text-align:right;" |Votes ! style="background-color:#E9E9E9;text-align:right;" |% ! style="background-color:#E9E9E9;text-align:right;" |±pp ! style="background-color:#E9E9E9;text-align:right;" |Seats |- |402,420 |22.73 |5.67 |8 | – | – | – |2 |10

Overview

The election was largely seen as a contest between the pro-democracy coalition and the pro-business and pro-Beijing coalitions. There were 162 candidates for 60 seats in the LegCo. Before the election, the pro-democratic camp was widely expected to gain the most votes and increase its representation from 22 seats in the LegCo. Some members of the pro-democratic camp aimed at securing an absolute majority of the seats in the legislature so that they would have the power to veto all government proposals.

The democratic camp called for direct elections for the Chief Executive of Hong Kong in 2007 and for LegCo in 2008, as well as rapid political reform. In contrast, the pro-Beijing and pro-business candidates placed more emphasis on economic growth and social stability. Most of the political parties are now setting 2012 as the ideal time for electoral reform.

While the democratic camp hoped to play up the issue of universal suffrage as a prominent issue in the election, the Standing Committee of the National People's Congress ruled out universal suffrage for the Chief Executive election in 2007 and for LegCo elections in 2008 in April 2004 before the election. Despite this, the pro-democratic camp insisted on promoting their agenda, which seemed to backfire when the campaign lost its original momentum. This was not helped by various sex and financial scandals of a few pro-democracy candidates. There were some allegations by the pro-democracy camp of Mainland Chinese influence behind this.

Some of the developments include:

• Some reports in phone-in radio programmes that some officials in the Mainland requested businessmen to take photographs of their completed ballots with their mobile phones to prove that they have voted for pro-Beijing candidates. In response, the government removed curtains from polling booths to deter such activities.
• The entry into the election race of popular radio show host Albert Cheng, who had accused Beijing of pressuring him to leave his radio program.
• The arrest and sentence (by re-education through labour) of the Democratic Party candidate Alex Ho in Guangdong province of China for (allegedly) being caught and pictured in a hotel bedroom having relations with a prostitute. Although there were some initial predictions that Ho's arrest would help the Democratic Party by highlighting deficiencies in the PRC's judicial system, it is generally agreed that his arrest greatly hurt the party among women voter support in Hong Kong.
• The involvement of Democratic Party James To and The Hong Kong Federation of Trade Unions Chan Yuen-han in scandals relating to the use of public funds for the benefit of their respective political groups.
• Human Rights Watch issued a report a few days before the election, accusing the PRC government of creating a "climate of fear" to influence the election. In response, the Hong Kong government claimed that the report was distorted.
• The assault of a candidate of the Democratic Party in the New Territories East, Wong Sing-chi. The suspect was arrested and reportedly found to be mentally ill.
• The election of radical activist "Long Hair" Leung Kwok-hung, who ran as an independent but who is expected to side with pro-democracy representatives despite his revolutionary leanings.

Irregularities

There were a few reports of irregularities. Some polling stations ran out of ballot boxes, causing long delays in voting. To fit more ballots into the ballot boxes, some election workers forcefully stuffed ballots into the box using objects such as barbecue forks and metal rulers. Some stations also used random cardboard boxes without official seals. Some ballot boxes were opened before the close of polling.

The polling station operating manual had mistakes in it, so some candidate representatives were kicked out after the closing of the poll and were prevented from witnessing the counting, as required by law.

Some candidates have tried to challenge the election results, but have remained unsuccessful thus far.

A report on the election process was published shortly after the election. Another report was commissioned by the government to suggest future improvements.

Votes summary

Seat summary

Incumbents defeated

Eight incumbents lost re-election

Candidate lists and results

Geographical Constituencies (30 seats)

Voting system: Party-list proportional representation with largest remainder method and Hare quota.

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Functional Constituencies (30 seats)

Voting systems: Different voting systems apply to different functional constituencies, namely for the Heung Yee Kuk, Agriculture and Fisheries, Insurance and Transport, the preferential elimination system of voting; and for the remaining 24 FCs used the first-past-the-post voting system.

Notes

References

References

1. Sing, Ming. (2009). "Politics and Government in Hong Kong". Taylor & Francis.
2. "Annex II : Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures". The Basic Law.
3. Wong, Yiu-Chung. One Country, Two Systems in Crisis: Hong Kong's Transformation Since the Handover. Lexington books.
4. Kuan, Hsin-chi. (2006). "The 2004 Legislative Council Elections in Hong Kong". Hong Kong Institute of Asia-Pacific Studies, The Chinese University of Hong Kong.
5. "2004 Legislative Council Election". Electoral Affairs Commission.
6. (6 May 2005). "Report of the Independent Committee of Experts for the Review on the Management, Planning and Conduct of Elections". Government Information Centre.
7. "2004 LegCo Election- Facts about the Election". Elections.gov.hk.