Hong Kong Chief Executive election, 2005
Encyclopedia
The Hong Kong Chief Executive election of 2005 was held to fill the vacancy of the territory's top office. Tung Chee Hwa
submitted a resignation document to the Chinese government
, and it was officially approved on 12 March. On 24 June, Donald Tsang
was sworn in as the new Chief Executive on 16 June. Since Tsang was the only candidate, no actual election was held.
and 2002 election
, an 800-member Election Committee
was used to elect the Chief Executive. Unlike the US system, there is no universal suffrage
or universal right to vote. Senior employees, managers and professionals mainly vote pro-China to ensure their businesses can run smoothly. They were entirely biased in favor of Beijing
's stance in the previous two elections.
The previously elected Tung Chee Hwa
had long been an unpopular Chief executive
. Tung claimed his health was deteriorating early in 2005 and announced he was ready to resign. He filed for resignation on 10 March, and two days later it was approved. In the interim, Tsang and later Henry Tang
served as acting Chief Executives in accordance with the Basic Law. Tsang was subsequently re-elected on 25 March 2007, and served a new five-year term starting from 1 July 2007.
Given the status of this resignation as voluntary (as Tung claims), and there are allegations that the citing of health reasons may not be an actual truth, as there is technically nothing prohibiting the use of excuses in such a manner. It is rumoured that the actual motive is a decision imposed by the central government
, but it can also be a desire to spend more time with the family or many other reasons.
This gave Donald Tsang
, the Secretary of Administration
at the time, the right to act as Chief Executive from 12 March to 25 May. He then had to resign, since it was illegal for him to become a candidate while acting as Chief Executive at the same time. Henry Tang
, who was then Financial Secretary
, filled him in according to the article. He then appointed Michael Suen
as the new (acting in the interim) Chief Secretary. When Tsang was elected he was brought before the central government for approval and inauguration. The second section of Article 53 gives provisions for a new election.
The process is well defined under this clause, and Tsang's term as acting Chief Executive was limited to six months. The Chief Executive Election Ordinance defines the time as 120 days, give or take a few days, (ensuring an election on Sunday rather than on a weekday), which made 10 July the date for the election, if one had been warranted by multiple candidature.
. Nominations were accepted over a one-week timeframe from 9 April to 15 April to fill the seats. The six empty seats in the religious sector were appointed by the religious councils. Out of the 27 seats in 16 functional constituencies, 12 candidates were immediately declared elected to their seats because there were no more candidates competing than the number of seats available, and hence, these ones were declared elected unopposed.
In the other seven constituencies, where 15 vacancies were present, a poll was held on 1 May, and the count was conducted smoothly with all the elected candidates expected to be entered onto the official listing of Election Committee members within the near future. The by-election was marked by voter apathy, where only 15% of the eligible population turned up, with some constituencies reporting as low as 12%, despite the pleadings of the Hong Kong Government. Only two functional constituencies, Agriculture and Fisheries
(85%) and District Council (86%) had higher voter turnouts than one quarter.
Tsang instantly became the frontrunner in the race to succeed Tung. According to Tsang's election website, he engaged in "closed door meetings" with individual EC members. Tsang was criticised for refusing to publicly debate with the other two competitors, and was accused of stifling debate, of obstructing a free discussion within the community about his position on the issues of the day.
Beijing was accused of pressuring, and intimidating EC members to support Tsang; some EC members reportedly left Hong Kong to avoid the pressure. The Standard
cited high-level sources saying that Beijing hoped Tsang would forestall any possibility of being challenged for the office by securing at least 500 to 700 nominating votes. Sources close to Tsang confirmed Beijing was worried that a contested election could lead to political uncertainty, and wanted to be sure that "no one runs against their man".
On 15 June, Tsang handed in his nomination form which bore the signatures of 674 members of Election Committee. Later in the evening, the Returning Officer
, Madam Justice Carlye Chu Fun Ling vetted the nomination form and determined that his nomination as a candidate in the election was valid. The other candidates failed, having garnered fewer than the required 100 backers, Tsang was declared the only valid candidate in the election. Tsang was declared elected unopposed on 16 June, gazetted by the Government on 21 June, and duly inaugurated on 24 June.
and Lee Shau Kee
each sponsored HK$1 million under their family members' names. In the end Tsang used only HK$4.12 million of the sponsorship. The remaining HK$23.21 million dollars would be donated to 14 charitable organizations.
Tung Chee Hwa
Tung Chee Hwa, GBM was the first Chief Executive and President of the Executive Council of the Hong Kong Special Administrative Region of the People's Republic of China....
submitted a resignation document to the Chinese government
Government of the People's Republic of China
All power within the government of the People's Republic of China is divided among three bodies: the People's Republic of China, State Council, and the People's Liberation Army . This article is concerned with the formal structure of the state, its departments and their responsibilities...
, and it was officially approved on 12 March. On 24 June, Donald Tsang
Donald Tsang
Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong....
was sworn in as the new Chief Executive on 16 June. Since Tsang was the only candidate, no actual election was held.
History
During the 1996Hong Kong Chief Executive election, 1996
The first ever Hong Kong chief executive election was held on 11 December 1996. Since Hong Kong was then a British colony, election for the first Chief Executive of the Hong Kong Special Administrative Region of the People's Republic of China was held by the People's Republic of China authorities...
and 2002 election
Hong Kong Chief Executive election, 2002
The Hong Kong chief executive election in 2002 was the second time the Chief executive of Hong Kong was selected by an election. It is also the first selection under which the territory was part of the Special Administrative Region of the People's Republic of China...
, an 800-member Election Committee
Election Committee
The Election Committee is an 800-member electoral college in the politics of Hong Kong. It was established by Annex I of the Basic Law of Hong Kong. This article defines the method of electing the Chief Executive. It is renewed every five years when the sitting Chief Executive's term has expired...
was used to elect the Chief Executive. Unlike the US system, there is no universal suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
or universal right to vote. Senior employees, managers and professionals mainly vote pro-China to ensure their businesses can run smoothly. They were entirely biased in favor of Beijing
Beijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
's stance in the previous two elections.
The previously elected Tung Chee Hwa
Tung Chee Hwa
Tung Chee Hwa, GBM was the first Chief Executive and President of the Executive Council of the Hong Kong Special Administrative Region of the People's Republic of China....
had long been an unpopular Chief executive
Chief Executive of Hong Kong
The Chief Executive of Hong Kong is the President of the Executive Council of Hong Kong and head of the Government of the Hong Kong Special Administrative Region. The position was created to replace the Governor of Hong Kong, who was the head of the Hong Kong government during British rule...
. Tung claimed his health was deteriorating early in 2005 and announced he was ready to resign. He filed for resignation on 10 March, and two days later it was approved. In the interim, Tsang and later Henry Tang
Henry Tang
Henry Tang Ying-yen, GBM, GBS, JP was the Chief Secretary for Administration of Hong Kong until his resignation in September 2011. He is a candidate in the Hong Kong Chief Executive election of 2012, and believed to be preferred by Beijing....
served as acting Chief Executives in accordance with the Basic Law. Tsang was subsequently re-elected on 25 March 2007, and served a new five-year term starting from 1 July 2007.
Article 52
Article 52 item 1 cites a health illness as an acceptable reason for resignation:Given the status of this resignation as voluntary (as Tung claims), and there are allegations that the citing of health reasons may not be an actual truth, as there is technically nothing prohibiting the use of excuses in such a manner. It is rumoured that the actual motive is a decision imposed by the central government
Government of the People's Republic of China
All power within the government of the People's Republic of China is divided among three bodies: the People's Republic of China, State Council, and the People's Liberation Army . This article is concerned with the formal structure of the state, its departments and their responsibilities...
, but it can also be a desire to spend more time with the family or many other reasons.
Article 53
Article 53 gives the provisions for an acting Chief Executive.This gave Donald Tsang
Donald Tsang
Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong....
, the Secretary of Administration
Chief Secretary for Administration
The Chief Secretary for Administration , commonly known as Chief Secretary and abbreviated as CS, is the second highest position of the Hong Kong Government...
at the time, the right to act as Chief Executive from 12 March to 25 May. He then had to resign, since it was illegal for him to become a candidate while acting as Chief Executive at the same time. Henry Tang
Henry Tang
Henry Tang Ying-yen, GBM, GBS, JP was the Chief Secretary for Administration of Hong Kong until his resignation in September 2011. He is a candidate in the Hong Kong Chief Executive election of 2012, and believed to be preferred by Beijing....
, who was then Financial Secretary
Financial Secretary (Hong Kong)
Financial Secretary , often abbreviated as FS, is a position of the Government of Hong Kong. The FS assists the Chief Executive in supervising the policy bureaux as directed by the CE, mostly finance and economy-related, and plays a key role in ensuring harmonisation in policy formulation and...
, filled him in according to the article. He then appointed Michael Suen
Michael Suen
Michael Suen Ming-yeung GBS CBE JP is currently the Secretary for Education of Hong Kong.-Education:Suen attended Wah Yan College, Hong Kong, a male-only Jesuit school in Hong Kong.-Career:...
as the new (acting in the interim) Chief Secretary. When Tsang was elected he was brought before the central government for approval and inauguration. The second section of Article 53 gives provisions for a new election.
The process is well defined under this clause, and Tsang's term as acting Chief Executive was limited to six months. The Chief Executive Election Ordinance defines the time as 120 days, give or take a few days, (ensuring an election on Sunday rather than on a weekday), which made 10 July the date for the election, if one had been warranted by multiple candidature.
Election Committee Vacancies
In April 2005, 33 vacancies (27 from the regular constituencies, 6 from the religious sector) existed in the Election CommitteeElection Committee
The Election Committee is an 800-member electoral college in the politics of Hong Kong. It was established by Annex I of the Basic Law of Hong Kong. This article defines the method of electing the Chief Executive. It is renewed every five years when the sitting Chief Executive's term has expired...
. Nominations were accepted over a one-week timeframe from 9 April to 15 April to fill the seats. The six empty seats in the religious sector were appointed by the religious councils. Out of the 27 seats in 16 functional constituencies, 12 candidates were immediately declared elected to their seats because there were no more candidates competing than the number of seats available, and hence, these ones were declared elected unopposed.
In the other seven constituencies, where 15 vacancies were present, a poll was held on 1 May, and the count was conducted smoothly with all the elected candidates expected to be entered onto the official listing of Election Committee members within the near future. The by-election was marked by voter apathy, where only 15% of the eligible population turned up, with some constituencies reporting as low as 12%, despite the pleadings of the Hong Kong Government. Only two functional constituencies, Agriculture and Fisheries
Agriculture, Fisheries and Conservation Department
The Agriculture, Fisheries and Conservation Department , formerly Agriculture and Fisheries Department before 2001, of the Hong Kong Government is responsible for agriculture and fisheries in Hong Kong, conservation projects and issues, and managing the country parks and special areas...
(85%) and District Council (86%) had higher voter turnouts than one quarter.
Chief Executive Election
From 3 June to 16 June nominations were open to candidates who wanted to participate in this election. The support of 100 Election Committee members is required (Ann. 1, Sect. 4, above) for nominations to be valid. Given the largely pro-China status of the Election Committee, it became common for the favoured candidate of the Chinese government to get elected unopposed. Given there were four vacancies in the EC, 697 signatures would theoretically be necessary to secure unopposed election.Contenders
| Name in English | Name in Chinese | Position | Support in EC | Nomination |
|---|---|---|---|---|
| Donald Tsang Donald Tsang Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong....  |
曾蔭權 | Former Chief Secretary | 674 | Valid |
| Lee Wing-tat | 李永達 | Chairman of the Democratic Party Democratic Party (Hong Kong) The Democratic Party is a pro-democracy political party in Hong Kong. It was established on 2 October 1994. The party is currently the second largest party in the Legislative Council, headed by Chairman Albert Ho Chun-yan and, following the November 2008 merger with the Frontier, had around 745... and Member of the Legislative Council |
52 | Invalid |
| Chim Pui Chung Chim Pui Chung Chim Pui Chung is the member of the Legislative Council of Hong Kong , representing financial services industry in functional constituencies seats... |
詹培忠 | Member of the Legislative Council | 21 | Invalid |
Tsang instantly became the frontrunner in the race to succeed Tung. According to Tsang's election website, he engaged in "closed door meetings" with individual EC members. Tsang was criticised for refusing to publicly debate with the other two competitors, and was accused of stifling debate, of obstructing a free discussion within the community about his position on the issues of the day.
Beijing was accused of pressuring, and intimidating EC members to support Tsang; some EC members reportedly left Hong Kong to avoid the pressure. The Standard
The Standard
The Standard is an English free newspaper of Hong Kong with a daily circulation of 231,018. It was called the Hong Kong Standard and changed to HKiMail during the Internet boom, but it changed back to The Standard in 2001....
cited high-level sources saying that Beijing hoped Tsang would forestall any possibility of being challenged for the office by securing at least 500 to 700 nominating votes. Sources close to Tsang confirmed Beijing was worried that a contested election could lead to political uncertainty, and wanted to be sure that "no one runs against their man".
On 15 June, Tsang handed in his nomination form which bore the signatures of 674 members of Election Committee. Later in the evening, the Returning Officer
Returning Officer
In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.-Australia:In Australia a returning officer is an employee of the Australian Electoral Commission or a State Electoral Commission who heads the local divisional office...
, Madam Justice Carlye Chu Fun Ling vetted the nomination form and determined that his nomination as a candidate in the election was valid. The other candidates failed, having garnered fewer than the required 100 backers, Tsang was declared the only valid candidate in the election. Tsang was declared elected unopposed on 16 June, gazetted by the Government on 21 June, and duly inaugurated on 24 June.
Campaign finances
During the election campaign, Donald Tsang received about HK$27.33 million sponsorship for the campaign, about 20% of which came from the businessmen from the property sector. Although Tsang stated publicly that each sponsor could not sponsor in excess of one hundred-thousand Hong Kong dollars, some of the businessmen sponsored him in different names, for example, Stanley HoStanley Ho
Stanley Ho, GBM, GLM, GBS, GML, OBE , also known as Ho Hung Sun, Stanley Ho Hung Sun, is an entrepreneur in Hong Kong and Macau. Ho is sometimes nicknamed "The King of Gambling", reflecting the government-granted monopoly he held of the Macau gambling industry for 40 years...
and Lee Shau Kee
Lee Shau Kee
Lee Shau-kee GBM is a property developer and majority owner of Henderson Land Development , a property conglomerate with interests in properties, hotels, restaurants and internet services...
each sponsored HK$1 million under their family members' names. In the end Tsang used only HK$4.12 million of the sponsorship. The remaining HK$23.21 million dollars would be donated to 14 charitable organizations.
Laws
- Basic Law of Hong Kong
- Chief Executive Election Ordinance (Cap 569) (pdf format)
- Chief Executive Election Ordinance (Cap 569) (html format)
- Election Guidelines for the 2005 by-election
- Chief Executive election guidelines
Pages from the Hong Kong Government's election website
- 2005 Chief Executive election website- the home page for the website (See also Chinese version)
- 2005 Election Committee by-elections- the home page for the EC by-elections. (See also the Chinese version.)
- Candidate Platforms and Background Information
- Election Results
Chief Executive elections
- Validation of Tsang's nomination
- Donald Tsang's nomination
- Allen Tam's nomination
- Li Hau's nomination- this nomination application was later ruled invalid
- Chan Yuet Tung's nomination
- ECA's warning on electoral law violation
- Announcement on the opening of nominations
- SCA's comments after the Chief Executive Ordinance Amendment Bill is passed by LegCo
Election Committee by-elections
- Comments given after the election
- Voter Turnout Rates
- Secretary of Constitutional Affairs' speech regarding the election
- Announcement on opening of polls
- Announcement on the accepting of nominations
On the interpretation of the Election laws
- Clarifications on the CE election guidelines- presented in a question-and-answer format
- Decision on implementing a 2-year term for the new CE