A Legitimacy Review Of Hong Kong Legislative Council Election: Based On Hong Kong Basic Law

The Hong Kong SAR Legislative Council is an important part of Hong Kong’s political system.Article 68 of the Hong Kong Basic Law together with Annexes 1 and2 constitute the system of regulations.This article takes the concept of this system mentioned in the Hong Kong Basic Law as an introduction,and expounds the establishment of the Legislative Council election system in the Hong Kong Basic Law through the study of its legislative process and the combing of the internal and external relations of the local legislative power under the current system,in order to elucidate the original legislative intention.The history of Hong Kong’s legislature can be counted from the British colonial period in Hong Kong.Reviewing the elections in the British Hong Kong period is helpful for understanding Hong Kong’s political practice after the reunification.Since the return of Hong Kong,seven Legislative Council elections have been held.According to the political environment of the Hong Kong SAR at the time of the election,it can be divided into four stages: the provisional Legislative Council and the two Legislative Council in the early days of the reunification,the two Legislative Councils after the failure of Article 23 of the Hong Kong Basic Law,i.e.the third and fourth Legislative Council,the fifth and sixth Legislative Councils after the first successful political reform,and the seventh Legislative Council after the reform of the electoral system in 2021.Through the comprehensive observation of the election process of the four stages of the Hong Kong Legislative Council,the attitudes of all parties in previous political reforms,and the political environment,and comparison with the principles mentioned in Article 68 of the Hong Kong Basic Law,one can conclude there is a gradual deviation between election practice and legislative principles.Therefore,it is necessary to review its specific measures in line with the Hong Kong Basic Law.With reference to the legislative intention of Article 68 of the Hong Kong Basic Law,it can be explained that the purpose of re-introducing the Election Committee includes ensuring a stable political order,protecting the interests of the business community,promoting the participation of all sectors of society,and preventing harmful radical democracy.In the aspect of teleology,the reform meets the requirements of the Hong Kong Basic Law.Furthermore,this reform of the electoral system not only complies with the requirements of Article 68,the principle of electoral universality and gradual progress,but also complies with the requirements of other principles of Hong Kong’s constitutional order established in the Hong Kong Basic Law.Given that common law is applicable in Hong Kong,the reform of the electoral system must and can pass the test of common law concepts and precedents.Through the research on the purpose and legal theory of the re-introduction of the Election Committee,it is possible to complete the quasi-constitutional review based on Hong Kong Basic Law that the Hong Kong Legislative Council electoral system after the reform in 2021 complies with the provisions and principles of the Hong Kong Basic Law.