1. 香港民主促進會
Hong Kong Democratic Foundation
香港北角英皇道郵政局郵政信箱 35588 號
P.O. Box No. 35588, King’s Road Post Office, North Point, Hong Kong
電話 Tel: (852) 2869-6443 傳真 Fax: (852) 2869-6318
電郵 E-mail: hkdf@hkdf.org 網址 Website: http://www.hkdf.org
28 April 2014
Constitutional and Mainland Affairs Bureau
12/F East Wing, Central Government Offices
2 Tim Mei Avenue, Tamar, Hong Kong
HKDF Response to December 2013 Consultation Document titled:
"Method for Selecting the Chief Executive in 2017 and for Forming the
Legislative Council in 2016"
Dear Sirs,
Following our meeting at the office of the Constitutional and Mainland Affairs
Bureau on 26 July 2013, we are pleased to submit an updated version of our proposals
for the 2017 Chief Executive Election and the Legislative Council Election in 2016.
We have also enclosed a presentation made at the Centre for Comparative and Public
Law of The University of Hong Kong (HKU-CCPL) on 16 April 2014 which
highlighted our concern for the re-interpretation of "… nomination by a broadly
representative nomination committee in accordance with democratic procedures" in
Article 45 of the Basic Law as "Organization Nomination" in Point 5.04 of the
Consultation Document.
We would support any moderate proposals (such as proposals made by Hong Kong
2020 and the academics) that abide by the Basic Law and decisions of the National
People's Congress and preserve the procedural justice and therefore legitimacy of
the Chief Executive elected through the nomination and election process that will
eventually be implemented.
Sincerely yours,
Alan Ka-lun LUNG
Chairman

2. 香港民主促進會
Hong Kong Democratic Foundation
香港北角英皇道郵政局郵政信箱 35588 號
P.O. Box No. 35588, King’s Road Post Office, North Point, Hong Kong
電話 Tel: (852) 2869-6443 傳真 Fax: (852) 2869-6318
電郵 E-mail: hkdf@hkdf.org 網址 Website: http://www.hkdf.org
香港添馬添美道 2 號
政府總部東翼 12 樓
政制及內地事務局
香港民主促進會就
「2017 年行政長官及 2016 年立法會產生辦法諮詢文件」
諮詢文件提交意見
敬啟者:
香港民主促進會於 2013 年 7 月 26 號與政制及內地事務局會面及提
出初步建議後、現再提交建議的更新版本。
隨函更附上本會在 2014 年 4 月 16 日在香港大學「比較法及公法研
究中心」發表的文件，以表達我們對諮詢文件中的 5.04 點把基本法
的第 45 條: ＂...由一個有廣泛代表性的提名委員會 按民主程序
提名＂解讀成「機構提名」的關注。
我們將會支持任何溫和、務實、附合基本法和全國人大決定（例如
「香港 2020 亅和學者提出的方案等)、並維護公平、公正、附合程
序公義的提名和選舉方案、使將來由一人一票選出的行政長官有廣
泛認受性和全港市民公認的合法性。
龍家麟
香港民主促進會主席
2014 年 4 月 28 日

3. 1
HONG KONG DEMOCRATIC FOUNDATION
2016 LEGCO ELECTION & 2017 CHIEF EXECUTIVE
ELECTION
PROPOSALS FOR DISCUSSION
(Updated: April 2014)
The Hong Kong Democratic Foundation sets out proposals for discussion for the
2016 Legislative Council elections as part of the progress towards the achievement of
equal and universal suffrage by 2020 whereby all Legislative Council seats are
returned by direct election and for the implementation of the election of the Chief
Executive by equal and universal suffrage in 2017, with reference to articles 26, 45
and 68 of the Basic Law:
2016 Legislative Council Elections
1. FUNCTIONAL CONSTITUENCIES
For those Functional Constituencies (FC) in which voting includes corporate voters,
these are to be replaced by individual votes from staff and the management of
companies, organizations or institutions that are the constituent members of each FC.
This change would apply to the following FCs:
Agriculture and Fisheries (159 corporate voters)
Catering FC (578 corporate voters)
Commercial (First) FC (1,040 corporate voters)
Commercial (Second) FC (759 corporate voters)
Finance FC (140 corporate voters)
Financial Services FC (580 corporate voters)
Import and Export FC (868 corporate)
Industrial (First) FC (715 corporate voters)
Industrial (Second) FC (790 corporate voters)
Information Technology FC (357 corporate voters)
Insurance FC (144 corporate voters)
Labour FC (596 corporate voters)
Real Estate and Construction FC (448 corporate voters)
Sports, Performing Arts, Culture and Publication FC (2,052 corporate
voters)
Textiles and Garment FC (3,581 corporate voters)
Tourism FC (1,261 corporate voters)
Transport FC (178 corporate voters)
Wholesale and Retail FC (1,838 corporate voters)

4. 2
A formal process should take place in 2015 to review new applications from bodies or
groups wishing to be included as constituent members of any FC.
2. DIRECTLY ELECTED CONSTITUENCIES
The five District Council FC seats requiring candidates to be District Councilors
should have that qualification removed and the five seats be allocated, one each to
each of the existing five Geographical Constituencies (GCs).
A further ten new LegCo seats would be allocated – two each to each of the five
existing CGs. As a result the GCs would be as follows:
NT East 1 6 seats
NT East 2 6 seats
NT West 1 6 seats
NT West 2 6 seats
Kowloon East 1 4 seats
Kowloon East 2 4 seats
Kowloon West 1 4 seats
Kowloon West 2 4 seats
Hong Kong Island 1 5 seats
Hong Island 2 5 seats
Voting System:
The D’Hondt method of proportional representation, regarded as the method
that delivers the best proportionality and the method most widely
employed.1
3. 2016 LEGISLATIVE COUNCIL COMPOSITION
Total 80 seats:
50 seats from 10 GCs
30 seats from 28 FCs
1
Michael Gallagher, Department of Political Science, Trinity College, University of Dublin
“Comparing Proportional Representation Electoral Systems: Quotas, Thresholds, Paradoxes and
Majorities”, B. J. Pol S. 1992, 22, 469-496.
See www.tcd.ie/Political_Science/staff/michael_gallagher/BJPS1992.pdf.

5. 3
2017 Chief Executive Election
1. NOMINATION COMMITTEE
Size: 1,200 - 1,600 members
Formation:
Alternative 1
By direct election of eligible Geographical Constituencies (GC) voters electing three
members in each of the 400 District Council sub-constituencies by the Single
Transferrable Voting system, originally proposed by David Webb.
Alternative 2
Nomination committee based on 2012 CE election committee with following
changes:
• All corporate votes replaced by individual votes from staff and management of
companies in each sector
• All 400 elected district councilors to join the election committee
2. NOMINATING AND ELECTION PROCESS
Any Chinese national who is a registered GC voter can become a potential candidate
with nominations from at least 1/8 of the members of the Nominating Committee
(NC) or with at least 100,000 nominations from registered GC voters.
All potential candidates have to affirm that they will abide by the Oath of the CE
Office if elected, in order to be nominated by the NC.
Within one week of the closing date for submission of requests for nomination by
candidates, the NC would evaluate the nominations for compliance with the rules and
submit its final list of qualified nominated candidates to stand for election by
universal suffrage, using the plurality voting system.
A second round of elections will be held if no candidate receives more than 50% of
the votes. The two candidates with the highest vote count will proceed to the second
round.

6. 1
Chapter Five: Views Sought
Method for Selecting the CE in 2017
(I) Size and Composition of the Nominating Committee
5.01 The current EC is formed by 1200
members from four sectors. As regards
the size and composition of the NC, we
may consider:
(i) Should the existing composition
framework of the four sectors in
the EC be followed when
designing the composition of the
NC?
The NC should broadly follow the four sector
framework of the EC.
(ii) Should the total number of NC
members remain at 1200, the same
as the current EC, or should it be
increased / decreased?
The number of NC members should be between
a minimum of 1,200 and a maximum of 1,600.
(iii) Should the NC be composed of
the 38 subsectors of the existing
EC, or should there be an increase
or decrease of the number of
subsectors?
HKDF has a flexible view on the number of
subsectors.
(iv) If the total number of NC
members is to be increased, how
should the newly added seats be
distributed among the four
sectors?
One of the HKDF’s two proposed alternatives
for the formation of the NC was the addition of
all the elected district councilors not already
qualified through being LegCo, NPC or CCPCC
members to the NC and these should be included
in the Fourth sector.
(v) If the total number of NC
members is not to be increased,
should the distribution of seats
among the four sectors remain
unchanged?
The HKDF is of the view that the distribution of
seats among the four sectors lacks credible
proportionality of representation. However, it
would require a very radical reconstruction,
involving which subsectors are included, their
individual allocation of members and the
relative sizes of the four subsectors in order to
achieve fair proportionality.
In view of this, the HKDF believes the only
practical method of redressing some of the lack
of proportionality would be to increase the
Fourth sector through the addition of directly
elected District Council representatives.

7. 2
(II) Electorate Base of the Nominating Committee
5.02 If the composition of the NC makes
reference to the composition of the
current EC, should the electorate base
of the existing subsectors be
maintained without the need for major
changes? If the electorate base of the
existing EC is to be further enlarged,
how to enlarge the electorate base of
the NC?
The HKDF is of the strong opinion that all
existing “corporate” votes should be replaced by
“individual” votes.
This could be achieved by replacing “corporate”
votes by directors and office bearers of the
organizations and institutions included in the
various subsectors, or by additionally extending
the franchise to all employees of organizations
who hold a relevant professional qualification
that is required for their employment. T
The franchise could also be extended to all
employees of a member organization or institute
of the various subsectors.
(III) Method for Forming the Nominating Committee
5.03 If the NC is to be composed with
reference to the composition of the
current EC, for the subsector elections
of the NC in 2017, we may consider:
(i) Should the existing voting,
nomination and ex-officio
arrangements of the subsectors be
maintained?
Yes.
(ii) If new subsector(s) is / are to be
added, what kind of system should
be adopted by the subsector(s) to
return its / their members?
In the event that the Fourth sector is increased by
the inclusion of all directly elected District
Councilors, this is simply an increase in the
number for that subsector.
If the number of members of the Fourth sector is
increased by some other form of elected
membership, then the system to be adopted
would be dependent on the type of new
membership category is to be introduced.

8. 3
(IV) Procedures for the Nominating Committee to Nominate CE candidates
5.04 Article 45 of the Basic Law and the
Decision of the NPCSC in 2007
provide for CE candidates to be
nominated by the NC in accordance
with democratic procedures (i.e. the so-
called “organisational nomination” or
“collective nomination”), as distinct
from the current model of election by
the EC whereby individual EC
members may jointly nominate
candidates.
The HKDF can find no reference, either in
Article 45 of the Basic Law and the Decision of
the NPCSC in 2007 or anywhere else in the
Basic Law that either mentions directly or
implies the requirement for “organizational
nomination” or “collective nomination”.
5.05 Issues to be considered regarding the
procedures of nominating CE
candidates include:
(i) How should the NC nominate CE
candidates in accordance with
“democratic procedures”?
The HKDF proposes that candidates whom
either receive nominations from at least1/8 of
NC members or a minimum of 100,000
nominations from registered voters be deemed
nominated to stand for election as CE.
(ii) How could the “democratic
procedures” reflect the
requirement of “organisational
nomination”?
As stated in 5.04, above the HKDF can find no
reference, either in Article 45 of the Basic Law
and the Decision of the NPCSC in 2007 that
either mentions directly or implies the
requirement for “organizational nomination”.
(iii) How many CE candidates should
the NC nominate?
The HKDF sees no necessity of limiting the
number of candidates that can be nominated, as
in practice the methods proposed will limit the
number of candidates that might qualify to
sufficiently manageable number.

9. 4
(V) Voting Arrangements for Electing the CE by Universal Suffrage
5.06 As regards the method of universal
suffrage after the nominating
procedures, we have to consider:
(i) Should only one round of election
be held (for example, the
candidate with the highest number
of votes is to be elected, without
having to obtain more than half of
the total number of valid votes)?
It is the HKDF’s view that to be validly elected
as CE a candidate must secure more than half the
valid votes cast.
(ii) Should we require a candidate to
obtain more than half of the total
number of valid votes in order to
be elected (for example, if no
candidate could obtain more than
half of the total number of valid
votes in the first round election,
two candidates with the highest
number of votes would proceed to
the second round election, and the
candidate with the highest number
of votes in the second round
would be elected)?
The HKDF is in agreement with this proposal.
.
(iii) Should other voting methods, such
as preferential elimination system
or instant runoff system be
considered?
The HKDF does not favour these alternatives.
(iv) Should an election be required to
be held if there is only one
candidate?
Yes.
(VI) Procedures for Appointing the CE and the Linkage with Local Legislation
To take account of a situation whereby
the elected CE candidate was not
appointed by the Central Authorities
before 1st July, should we amend the
existing CEEO to provide for a
mechanism for re-election?
Yes, provision should be made for a new election
to take place within 60 days and the winning
candidate who was not appointed should not be
permitted to stand.

10. 5
Method for Forming the LegCo in 2016
(I) Number of Seats and Composition of the LegCo
5.08 Should the number of LegCo seats be
capped at 70 without major changes or,
subject to conformity with the
principles of the Basic Law, should the
number of LegCo seats be further
increased?
The HKDF proposes the number seats in the
LegCo be increased to 80.
5.09 If the number of LegCo seats is to
remain at 70 without any change:
The HKDF proposes the number seats in the
LegCo be increased to 80.
(i) Should the half-and-half ratio
between Members returned by
FCs and Members returned by
GCs remain unchanged?
N/A
(ii) If the ratio is to be adjusted, what
level should it be adjusted to?
N/A
5.10 If the number of LegCo seats is to be
increased:
(i) What should be the total number
of seats?
(ii) How should the new seats be
distributed?
The HKDF proposes that the half-and-half ratio
should be changed as a step towards a wholly
GC elected LegCo in 2020 by allocating the
current 5 District Council FC seats returned by
territory-wide election and the 10 additional
seats to each of the 5 GCs.
Accordingly the NT East and NT West GCs
should each be divided into two constituencies
each comprising 6 seats per constituency. The
Kowloon East and Kowloon West GCs should
each be divided into two constituencies each
comprising 4 seats per constituency and the
Hong Kong Island GC should be divided into
two constituencies comprising 5 seats per
constituency.
(a) Should the half-and-half ratio of
Members from GCs and FCs be
maintained and the new seats be
distributed evenly?
No, all the current 5 District Council FC seats
and all the 10 additional seats should be
allocated to the 5 GCs as per the details in (ii)
above.

11. 6
(b) If the half-and-half ratio of
Members from GCs and FCs is
not maintained, should more of
the new seats be allocated to FCs
(such as the DC (Second) FC) or
GCs?
As per (a) above all the seats will be allocated to
the GCs which will then comprise 50 seats,
while the FCs will be reduced to 30 seats.
(II) Composition and Electorate Base of Functional Constituencies
5.11 Should the electorate base of FCs be
enlarged?
Yes. This could be achieved by replacing
“corporate” votes by directors and office bearers
of the organizations and institutions included in
the various subsectors, or by additionally
extending the franchise to all employees of
organizations who hold a relevant professional
qualification that is required for their
employment.
The franchise could also be extended to all
employees of a member organization or institute
of the various subsectors.
(III) Number of Geographical Constituencies and Number of Seats in Each Geographical
Constituency
5.12 Regardless of whether the number of
LegCo seats in 2016 would be
increased, we may consider:
(i) Should the existing number of
GCs be adjusted?
Yes, as proposed in 5.09 (i) the current 5 District
Council FC seats returned by territory-wide
election to each of the 5 GCs.
NT East and NT West GCs can be divided into
two constituencies each comprising 5 seats per
constituency and the Hong Kong Island GC can
be divided into two constituencies comprising 4
seats per constituency.
(ii) Should the upper and lower limits
of seats returned by each
GC be adjusted?
The objective should be to have GC
constituencies consisting of no less than 4 seats
and no more than 6 seats. This could be achieved
in 2020 by converting all FC seats into GC seats
and increasing the total number of LegCo seats
to 80 in 18 constituencies, based on the
boundaries of the 18 District Boards.