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Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006 Marcos Van Rafelghem and P Anson Lau

November 2006

www.civic-exchange.org Civic Exchange Room 701, Hoseinee House, 69 Wyndham Street, Central, Hong Kong. Tel: (852) 2893 0213

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Preface This research paper seeks to continue our work in understanding the Functional Constituencies as an important feature of Hong Kongâ&#x20AC;&#x2122;s political system. As a result of our extensive research on the subject from 2004, the issues and problems surrounding the election system that generates functional representation in the Hong Kong Legislative Council, the performance of functional legislators, and the impacts they and the election system have on Hong Kongâ&#x20AC;&#x2122;s development as a whole are becoming clear. The challenge facing Hong Kong today is what to do with the Functional Constituencies as the political system continues to evolve towards universal suffrage. This paper concludes that by developing political parties in Hong Kong the various political and ideological differences would ensure the various interests are still represented in the legislature without recourse to the problematic Functional Constituencies. The conclusion points to the need for work on alternative solutions to the Functional Constituencies. In this regard, Civic Exchange has recently published a paper on bicameralism as another way for Hong Kong to deal with the Functional Constituencies. For this research paper, we are delighted to have the chance to provide a platform to two young researchers. Marcos Van Rafelghem and P Anson Lau spent many hours reading and following the two case studies they selected to use as a reflection tool for how Functional Constituencies work during the first half (2004-2006) of the current legislative term (2004-2008). We are grateful for the time they devoted to the project. This study was funded by the National Endowment for Democracy, and the project was managed by Yan-yan Yip. We also wish to acknowledge Allan Man for his translation of this report into Chinese, and to Ken Li for the design of this paper.

Christine Loh Civic Exchange November 2006

Table of Contents 1.

Introduction

Structure of Study

3. (a) (b) (c) (d)

Background The functional election system Historical evolution of Functional Constituencies Performance and behaviour of functional legislators Some of the criticisms of the functional constituency system

3 3 4 4 5

Part I 4. Quantitative Performance (a) Measuring participation (b) Overall Performance (c) Questions (d) Motions and Amendments (e) Council Meeting Attendance (f) Bills Committee Meetings Attendance (g) Panel Meeting Attendance (h) Individual Performance (i) Findings and Conclusions

6 6 6 7 7 8 9 10 11 14

Part II 5. Specialist Knowledge (a) The Rationale of Functional Constituencies (b) Case Study: Smoking (Public Health) (Amendment) Bill 2005

16 16 17

Part III 6. Political Parties and Party Politics (a) Parties vs. Functional Interests (b) The Tamar Case Study

25 25 25

Part IV 7. Integration of Findings (a) Quantitative Performance (b) Specialist Knowledge (c) Political Parties and Party Politics (d) Continuing Trends (f) The Way Forward

31 31 31 31 31 32

Annex I Composition of the Participation Index Annex II Detailed Participation Measurements

33 34

List of Tables Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Table 8 Table 9 Table 10 Table 11 Table 12 Table 13 Annex

FC-GC overall average participation level Cumulative averages for Questions Five most and least participative legislators by number of Questions Cumulative averages for Motions and Amendments Five most and least participative legislators by number of Motions and Amendments Cumulative averages for Council Meeting Attendance Five most and least participative legislators by Council Meeting Attendance Cumulative averages for Bill Committee Meeting Attendance Five most and least participative legislators by Bill Committee Meeting Attendance Cumulative averages for Panel Meeting Attendance Five most and least participative legislators by Panel Meeting Attendance Rankings of FC legislators by level of participation Ranking of FC and GC legislators by level of participation

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

1. Introduction In 1984, the Hong Kong’s colonial administration examined the future trajectory of representative government in a Green Paper. 1 At that time, the authorities ruled out the possibility of direct elections for fear of time-consuming and manipulation-prone “adversarial politics” that might “introduce an element of instability at a crucial time.”2 For a city renowned for its capitalist ideals, direct election was feared by the governing elites as a seed of populist welfarism, which would lead to high taxes and a large and expensive bureaucracy. In place of universal suffrage, the authorities offered “balanced participation”. The result was a dual system of representation in the Hong Kong Legislative Council (LegCo) through Geographical and Functional Constituencies. The official rationale behind this system rested upon the premise that realising the best interests of the territory depended not only on assisting the masses but also enfranchising other sectors of society. Functional Constituencies would safeguard the interests of these other sectors, especially business and professional interests believed by the elites to be critical to maintaining Hong Kong’s economic vibrancy. The official rationale also stressed Functional Constituencies could inform the policymaking process with specialised knowledge, which otherwise might be lacking in a popularly-elected legislature. Denied a directly elected government, Hong Kong people were promised they would enjoy “stability and prosperity”. The fact that there are only about 200,000 voters in the functional election system to return the same number of representatives into LegCo as 3 million registered general voters has always been hard to explain away. Moreover, some of the voters are in fact corporations, which enable those who control companies to have a disproportionate influence over the election of legislators.3 Research studies show Functional Constituencies often pursue their respective narrow sectoral interests at the expense or neglect of the public interest.4 As a whole, in the absence of particular sectoral interests, functional legislators tend to vote along pro-government lines, raising concerns that perhaps functional representatives are generally pro-government because they have more to gain for their sector by being on friendly terms with those who wield executive power.5 Despite these and other concerns, public support for the functional election system remains considerable, as shown by a recent survey.6 Proponents of the functional election system 1

Hong Kong Government (1984). Green Paper: The Further Development of Representative Government in Hong Kong. Government Printer, p.13; (hereinafter “the 1984 Green Paper”). 2 Ibid. The reference to “crucial time” was related to the ongoing the Sino-British negotiations over the handover of Hong Kong to Mainland China which was formally accomplished on 1 July 1997. A recent release from the UK National Archives shows that the colonial administration had given up the idea of full democracy for Hong Kong since the late 1960s in order to “avoid triggering resentment from Beijing.” See Gary Cheung (2006). “Why UK held back on HK democracy,” South China Morning Post, 20 November. 3 For example, studies show Hutchison Whampoa Ltd may control as many as 37 votes, see Appendix 13, Christine Loh and Civic Exchange (eds.) (2006). Functional Constituencies – A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press. 4 Leo F. Goodstadt (2006). “Business friendly and politically convenient – the historical role of functional constituencies”, Chapter 2 in Christine Loh and Civic Exchange (eds.), Functional Constituencies – A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press. 5 Jake van der Kamp and Carine Lai (2006). “Non-positive interventionism: How functional constituencies distort free market”, Chapter 9 in Christine Loh and Civic Exchange (eds.), Functional Constituencies – A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press. 6 Michael E. DeGolyer (2006). “Comparative profiles and attitudes of FC voters versus GC voters in the 2004 LegCo campaign”, Chapter 6 in Christine Loh and Civic Exchange (eds.), Functional Constituencies – A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press, p. 184. 1

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

contend that functional legislators are critical for their injection of technical expertise to complex debates; expression of sectoral voices that might otherwise be drowned out by populist demands; and contribution to a more “balanced participation” of Hong Kong politics through representing the interests of vital minority entities, such as commercial ones that are critical to the health of the economy and society. 7 The specialist knowledge of functional legislators has remained a core justification for the functional constituency system since the system was established in 1985.8 In this regard, functional legislator Wong Ting-kwong said in March 2005: There are different strata of complicated facets in society. When a new policy is introduced by the Government, it cannot necessarily gain the support of all sides. Apart from Members returned by geographical constituencies through direct election representing the general public expressing their views and fighting for their interests in [LegCo], Members returned by business and professional FCs can also raise more profound technical issues and offer more professional advice from other angles. In this way, wide-ranging and indepth discussions will be carried out and the interests of different sectors will be balanced. As a result, different social strata will develop smoothly and all will be satisfied.9 Furthermore, Functional Constituencies are seen not only as providers of specialised knowledge but also as guardians of Hong Kong’s economic prosperity. Functional Constituencies are perceived to be “good for capitalism.” 10 Therefore, some sectors of society are reluctant to replace the functional election system by a directly elected legislature because they fear that a LegCo without Functional Constituencies may become unresponsive to business needs. In 2004, the Standing Committee of the National People’s Congress (SCNPC) decided that the functional election system would be maintained for the 2008 LegCo election, stating: “if the interests of the industrial and business sector lost their constitutional protection, that would eventually threaten Hong Kong’s economic development”.11 Thus, the core argument for Functional Constituencies lies in the uncertainty and fear over the direction LegCo would take if functional elections were abolished. This concern needs to be addressed and resolved if Hong Kong is to achieve the “ultimate aim” of electing “all members of the Legislative Council by universal suffrage” as stated in the Basic Law.12 It is against this backdrop of controversies that our study examines the functional election system and functional legislators. We examine the key arguments for and against the system from various angles and through different observation tools including quantitative measurements and qualitative case studies. Ultimately, this work aims to provide insight into three main areas: 7

In 2002, China’s Vice-Premier Qian Qichen stated: “Hong Kong is a commercial city . . . functional constituency elections [are] an effective way to ensure that people from all walks of life can have balanced participation in political life”. See ‘Chinese vice-premier warns against democratic elections in Hong Kong’, BBC Monitoring Asia Pacific — Political, 26 June 2002, originally reported in South China Morning Post (Business Post supplement), 26 June 2002. 8 See the 1984 Green Paper (note 1) and Hong Kong Government (1987). Green Paper: The 1987 Review of Development in Representative Government. Government Printer, p. 26 (hereinafter “the 1987 Green Paper”). 9 Official Record of Proceedings of the Legislative Council, Hansard, 9 March 2005, p. 5293. 10 Michael E. DeGolyer (2006), pp. 180-185. 11 Qiao Xiaoyang (2004). “Striving in a pragmatic spirit to find the right path to political development” edited transcript of speech by SCNPC’s deputy secretary-general, in Hong Kong on 28 April 2004, as quoted in South China Morning Post, 29 April 2004, p. A4. 12 Basic Law, Article 68. 2

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

(1) The quantitative performance and behaviour of the current functional legislators. (2) The current effectiveness of Functional Constituencies in providing “specialist knowledge” as originally envisioned. (3) The potential consequences of the abolition of the functional election system with regard to the legislature’s ability to achieve “balanced participation,” and the prospects of political parties for replacing functional representation.

2. Structure of Study This study commences by outlining the controversies surrounding Functional Constituencies and providing a summary of existing research findings. We then present our report in four parts: Part I outlines various participation measurements made from LegCo records covering 2004 to 2006, representing half of the current legislative term. In addition, we have developed a “participation index” to bring together the various indicators we used to assess participation (see Annex I) and produce a ranking of legislators by their level of participation. Part II evaluates whether the original rationale that encompassed the creation of the function election system in 1985, namely that the Functional Constituencies would provide specialist knowledge to LegCo, still holds true in the 2004-2006 legislative period. This analysis is undertaken through a specific case study: the Smoking (Public Health) (Amendment) Bill 2005, which had the support of the Medical Functional Constituency and Health Services Functional Constituency, and was opposed by the Catering Functional Constituency and other business-friendly Functional Constituencies. Part III presents the Tamar case study where functional legislators tended to act in accordance with party affiliation rather than their constituencies’ interests. Using this example, we examined the role that political parties could play in representing various viewpoints and sectors if the functional election system was abolished. Finally, Part IV integrates and presents our findings and conclusions.

3. Background This section briefly summarises available research findings on Functional Constituencies in order to introduce Hong Kong’s functional election system, as well as to test the accuracy of some of those findings for 2004 to 2006.13 (a) -

The functional election system Half of LegCo members are elected through an electoral system known as Functional Constituencies. The system confers a right to vote on a small percentage of the adult population based on membership or registration in a recognised social, economic, industrial, commercial, political, advisory, or professional body or sector. The system provides voting rights to incorporated and unincorporated bodies alongside individual voters. The system of Functional Constituencies runs parallel to the system of

We have primarily drawn our understanding of functional constituencies from: Christine Loh and Civic Exchange (eds.) (2006). Functional Constituencies – A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press. This publication represents the fullest explanation of functional constituencies and their election methods to date. 3

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Geographical Constituencies, which is currently used to elect the other half of members in LegCo.14 (b) -

Historical evolution of Functional Constituencies Functional Constituencies were created in 1985 by the colonial administration because Beijing would not have accepted a democratic political system for the post1997 regime under Chinese rule. Nevertheless, with an agreement between Britain and China that there would be elections to LegCo held in Hong Kong prior to 1997, and that maintaining “stability and prosperity” was paramount, the solution was to create an electoral system that would return the kind of people the colonial administration had been appointing to LegCo. Colonial appointees had come from among the business and professional elite, and the functional election system was designed to ensure that the same type of people could make up half of the members of LegCo.15 Functional Constituencies were created because it was politically convenient to do so in 1985, and were promoted as a business-friendly measure that would help to guarantee “stability and prosperity” in the run-up to 1997 and beyond. Functional representation would safeguard the interests of the business and professional elites while contributing specialised knowledge to political debates that might otherwise be lacking in a popularly-elected government.16 Performance and behaviour of functional legislators Functional legislators pursue direct sectoral interests first and foremost. When their sectoral interests are not involved, those who have political party affiliation vote along party lines. They also tend to support the government when the issue in question does not conflict with their sectoral interests. 17

Functional legislators are generally less participative than their geographical counterparts. 18 However, functional legislators are more participative when their sectoral interests are directly involved.19

Professional and business sectors dominate representation among the Functional Constituencies. Functional legislators tend to lobby the government for more government intervention in the economy that is in their sectors’ benefit.20

Simon N.M. Young and Anthony Law (2006). “Privileged to vote: Inequalities and anomalies of the FC system”, Chapter 3 in Christine Loh and Civic Exchange (eds.), Functional Constituencies: A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press, p. 59. 15 Christine Loh (2006), pp. 19-20. 16 Leo F. Goodstadt (2006), pp. 41-57. 17 Ibid. 18 SynergyNet (2005). “Review of the Performance of Legislative Councillors 2004-2005”. SynergyNet, November 2005, available at www.synergynet.org.hk/governance%20report/LegCo%202005%20English%20Version.PDF 19 Rowena Y. F. Kwok and Chow Chiu Tak (2006). “The dynamics of social policy making in Hong Kong: The role of functional representatives (1998-2004)”, Chapter 7 in Christine Loh and Civic Exchange (eds.), Functional Constituencies: A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press, pp. 199-264. 20 Tony Latter (2006). “The contribution of the functional constituencies to economic policy in Hong Kong, 2000-2004”, Chapter 8 in Christine Loh and Civic Exchange (eds.), Functional Constituencies: A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press, pp. 265-282. 4

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

(d) -

Some of the criticisms of the functional constituency system The functional election system is highly unequal: the average functional voter has 16 times greater voting power than a voter in a geographical constituency.21 There is an immense disparity among different Functional Constituencies in terms of their constituency sizes. There are also inconsistencies in terms of the sectors and functions that are recognised and the manner in which these functions are grouped into electoral constituencies.22 As one scholar noted: “… there are legitimate and difficult questions such as why Chinese medical practitioners are not included in the Medical FC, or whether judges should be included in the Legal FC, or whether clinical psychologists should be entitled to vote in the Social Work FC. The grouping of functional groups presents an even more difficult problem. Why are construction and real estate grouped together, or why is the publishing industry included in the same group as sports? It has also long been recognised that the corporate voting system is open to abuse. While a natural person who is an eligible voter in more than one FC is forced to choose one FC in which to vote, it is quite possible for a natural person to have a number of votes in different FCs though different corporate voters that he controls.” 23

Since the electors of functional legislators are individuals and corporations from specific businesses, occupations, professions, or interests, the system encourages these legislators to promote vested interests and not to speak on behalf of the whole community. This may well fan social disharmony, as functional legislators sometimes pitch their sectoral interests against the public interest. 24

While the functional election system was designed to maintain Hong Kong’s “capitalist system”, Functional Constituencies do not in fact promote capitalism and the free market system. On the contrary, functional legislators often support and push for “corporate welfare” in the form of public expenditure in and subsidies for certain economic sectors and activities.25

The functional system as presently implemented is inconsistent with provisions of the International Covenant on Civil and Political Rights which is incorporated into the Basic Law and with the principle “one person, one vote”.26

Michael E. DeGolyer (2006), pp. 157-158. N. M. Simon and Anthony Law (2006). “Privileged to vote: Inequalities and anomalies of the FC system”, Chapter 3 in Christine Loh and Civic Exchange (eds.), Functional Constituencies: A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press, pp.60-109. 23 Johannes Chan (2005). “Recent Political Reform in the Republic of Ireland”, in Johannes Chan and Lison Harris (eds.), “Hong Kong’s Constitutional Debates”, Hong Kong Law Journal, p. 65. 24 Jake van der Kamp and Carine Lai (2006), pp.283-309. 25 Ibid. 26 Gladys Li and Nigel Kat (2006). “The legal status of functional constituencies”, Chapter 5 in Christine Loh and Civic Exchange (eds.), Functional Constituencies: A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press, pp. 143-151. 22

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Part I 4. Quantitative Performance (a) Measuring Participation This section presents a quantitative analysis of each legislator’s participatory record in the 2004-2005 and 2005-2006 LegCo sessions in key activities. 27 The activities we looked at were: (a) (b) (c) (d) (e)

Initiating questions Moving motions and amendments Attending council meetings Attending bill committee meetings Attending panel meetings

We relied upon LegCo’s records (Hansard) in order to obtain the participatory data for each LegCo activity we examined.28 We then compiled separate tables for each activity to rank the participatory rates of the functional legislators and geographical legislators. These were then compared in order to determine particular trends in performance and patterns of legislative behaviour. Summing all the data for every legislator, we also produced a cumulative average for each activity, which we then used to produce a “participation index” and a ranking of legislators by level of participation. This cumulative average provided one more comparative standard to evaluate functional vs. geographical legislators’ participation. The method for determining the participation index is explained in Annex I. While these fields do not cover every responsibility of a LegCo member, they nonetheless encompass a substantial portion of LegCo activity. Taken as a whole, they provide a quantitative picture of the general performance of LegCo members. (b) Overall Performance In order to obtain overall participation measurements, we developed a participation index that integrates all forms of legislative participation measured by this study. Table 1: FC-GC average participation index 2004-2005 FC Average GC Average Combined Average

257.22 311.63 284.43

2005-2006 FC Average GC Average Combined Average

309.75 332.78 321.27

During the 2004-2005 and 2005-2006 LegCo sessions, functional legislators on average registered around 12% less general activity than their geographical counterparts.

It needs to be noted that Rita Fan Hsu Lai-tai, as LegCo President, does not participate in many of the activities we observed. Therefore, her participation was not ranked and her marks were not included in the calculation of averages for GC legislators. Geographically elected member Ma Lik suffered serious health problems during our study period and was unable to participate in many LegCo activities. His participation, however, was ranked and included in the averages. 28 A legislative year extends formally from October to July but there could be committee meetings in September. The data presented in this section was accurate as of August 2006. It is possible that information released by LegCo after that date may have slightly modified some of the measurements presented in this section. However, those late releases are unlikely to alter the trends identified over the two-year period under study. 6

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Geographical legislators demonstrated greater enthusiasm for some LegCo business (e.g. asking LegCo questions and raising motion debates). Functional members appeared more interested in panel and committee work, where their participation rate was higher. This spike in functional participation, however, was still not enough to remedy lower activity in other categories and, ultimately, overall participation levels. The detailed measures are outlined below. (c) Questions Questions asked at full Council meetings on Wednesdays are designed to enable legislators to seek information from government officials about government policies, activities, and incidents so that legislators can fulfil their watchdog function. 29 These questions reflect legislators' concern for the well-being of the community and effective governance. A maximum of 20 questions, excluding urgent questions that may be permitted by the President, may be asked at any one Council meeting. Questions are submitted by legislators via the LegCo Secretariat to government officials and they are answered on a first-comefirst-served basis. Table 2: Average questions per legislator 2004-2005 FC Average GC Average Combined Average

8.27 12.52 10.36

2005-2006 FC Average GC Average Combined Average

8.17 12.14 10.12

During the 2004-2005 and 2005-2006 legislative years, functional legislators on average asked around 33% fewer questions than their geographical counterparts. Table 3: Five most and least participative legislators by number of Questions Top 5 FC performers Raymond Ho Chung-tai Sin Chung-kai Kwok Ka-ki Fernando Cheung Chiuhung Howard Young

Bottom 5 FC performers Lui Ming-wah Andrew Leung Kwanyuen Sophie Leung Lau Yaufun

Timothy Fok Tsun-ting Philip Wong Yu-hung

Engineering Information Technology Medical Social Welfare Tourism

Industrial Second Industrial First

49 40 38 36 36

5 4

Textiles and Garment Sports, Performing Arts, Culture and Publication Commercial Second

Top 5 GC performers NT East Lau Kong-wah Emily Lau WaiNT East hing Frederick Fung Kowloon Kin-kee West HK Island Choy So-yuk Albert Chan Wai- NT West yip Bottom 5 GC performers Albert Cheng Kowloon East Jing-han Leung Kwok-hung NT East Selina Chow NT West Liang Shuk-yee Kowloon East Chan Kam-lam Kowloon Lau Chin-shek West

56 55 48 47 47

13 11 11 10 7

2 0

(d) Motions and Amendments By moving motion debates and seeking amendments to motions raised, which take place at 29

LegCo website: http://www.legco.gov.hk/english/index.htm 7

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

full Council meetings on Wednesdays, legislators express their views on issues of public concern or call upon the Government to take certain actions. Although motion debates do not have legislative effect, they are politically meaningful as they represent attempts by legislators and the political parties at agenda-setting. Legislators are able to raise any issue for debate and also to move amendments to motions moved by other legislators. Generally, there are two motion debates every Wednesday. Table 4: Average number of motions and amendments per legislator 2004-2005 FC Average GC Average Combined Average

2005-2006 FC Average GC Average Combined Average

2.30 3.55 2.92

2.27 3.17 2.71

During both the 2004-2005 and 2005-2006 legislative years, functional legislators on average initiated around 32% fewer motion debates and amendments than their geographical counterparts. Table 5: Five most and least participative legislators by number of motions and amendments Top 5 FC performers Wong Kwok-hing Sophie Leung Lau Yau-fun Sin Chung-kai Fernando Cheung Chiu-hung Tommy Cheung Yuyan

Labor Textiles and Garment Information Technology Social Welfare

Top 5 GC performers Andrew Cheng NT East Kar-foo NT West Lee Wing-tat Alan Leong Kah-kit Kowloon East Albert Cheng Kowloon East Jinghan Kowloon East Chan Yuen-han

14 13 11 10

Catering

Bottom 5 FC performers Lau Wong-fat District Council Financial Chim Pui-chung Services Industrial Second Lui Ming-wah Real Estate Abraham Shek Lai- and him Construction Sports, Performing Arts, Culture Timothy Fok Tsun- and ting Publication

17 14 12 11 10

9 Bottom 5 GC performers Albert Chan Waiyip NT East Audrey Eu YuetHong Kong mee Island Kowloon Lau Chin-shek West Leung Kwok-hung NT East Jasper Tsang Yok- Kowloon sing West

0 0 0

3 2 2 2 1

(e) Council Meeting Attendance The full Council normally meets on Wednesdays in the Chamber of the Legislative Council Building. Meetings are open to the public. Council business includes raising questions, tabling papers, reports, and statements, passing subsidiary legislation, 30 debating and passing bills, and debating motions. The Chief Executive delivers his annual policy address at the start of every yearâ&#x20AC;&#x2122;s legislative session, as well as answers questions directly from legislators at special full Council meetings several times a year. The Financial Secretary 30

Subsidiary legislation is any proclamation, rule, regulation, order, resolution, notice, rule of court, by-law or other instrument made under or by virtue of any Ordinance and having legislative effect. 8

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

delivers the Governmentâ&#x20AC;&#x2122;s annual budget at a full Council meeting usually in March every year. Other government officials regularly attend Council meetings to answer questions, table government reports, make important statements, move government bills, and respond to motion debates.31 Table 6: Average Council meetings attended per legislator 2004-2005 FC Average GC Average Combined Average

2005-2006 FC Average GC Average Combined Average

34.97 35.73 35.35

37.30 36.67 36.98

During both 2004-2005 and 2005-2006 legislative years, the average attendance rates of functional and geographical legislators were virtually identical. It should be noted, however, that Hansard records do not show how long legislators stayed at each meeting. Table 7: Five most and least participative legislators by Council meeting attendance Top 5 FC performers Cheung Man-kwong Chim Pui-chung Fernando Cheung Chiu-hung Tam Heung-man Daniel Lam Wai-keung

Education Financial Services FC - Social Welfare Accountancy Heung Yee Kuk

Bottom 5 FC Performers Real Estate and Abraham Shek Laihim Construction David Li Kwok-po Finance Agriculture Wong Yung-kan and Fisheries Sophie Leung Lau Textiles and Yau-fun Garment Sports, Performing Arts, Culture and Timothy Fok Tsun-ting Publishing

Top 5 GC performers Albert Cheng Jing-han Kowloon East New Territories Lee Wing-tat West Chan Kam-lam Kowloon East Chan Yuen-han Kowloon East James To KunKowloon sun West

77 76 76 75 75

Bottom 5 GC Performers Emily Lau Wai-hing NT East Martin Lee ChuHong Kong ming Island Hong Kong Island Ma Lik Jasper Tsang Yok- Kowloon sing West Kowloon Lau Chin-shek West

69 67 66 66

76 75 75 75

71 70 68 68 59

(f) Bills Committee Meetings Attendance Bills committees are set up specifically by LegCo to scrutinise draft laws. All legislators, except the President of the Council, may join any bills committee. After a bills committee has completed scrutiny of a bill, it reports its deliberations to the House Committee,32 which then slots in a time for the bill to be debated and passed at a full Council meeting on a Wednesday.

See LegCo website: http://www.legco.gov.hk/english/index.htm The House Committee is made up of all legislators and meets weekly to deal with internal LegCo business. 32

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Table 8: Average bills committee meetings attended per legislator 2004-2005 FC Average GC Average Combined Average

2005-2006 FC Average GC Average Combined Average

11.80 11.07 11.44

30.93 23.93 27.49

During the combined 2004-2005 and 2005-2006 legislative years, functional legislators attended around 22% more bills committee meetings than did their geographical counterparts. Table 9: Five most and least participative legislators by Bill Committee Meeting Attendance Top 5 FC performers Wong Ting-kwong Andrew Leung Kwanyuen Sin Chung-kai Jeffrey Lam Kin-fung Margaret Ng

Import and Export Industrial First Information Technology Commercial First Legal

Bottom 5 FC Performers David Li Kwok-po Finance Textiles Sophie Leung Lau Yau- and Garment fun Cheung Man-kwong Education Fernando Cheung Chiu- Social hung Welfare District Council Lau Wong-fat

87 83 79 74 73

16 15 12

Top 5 GC performers Audrey Eu YuetHong Kong mee Island Ronny Tong Kawah NT East Chan Kam-lam Kowloon East Emily Lau Waihing NT East Li Kwok-ying NT East

Bottom 5 GC Performers Leung Kwok-hung NT East Hong Kong Ma Lik Island Frederick Fung Kowloon Kin-kee West Kowloon West Lau Chin-shek Leung Yiu-chung NT West

117 91 77 64 59

12 8 2 0 0

(g) Panel Meeting Attendance Panels are standing committees where legislators deliberate on issues relating to specific policy areas, as well as monitor the performance of the corresponding policy bureaux and departments. Legislators are free to join any number of panels and there are currently 18 such panels. Apart from considering issues of public concern, the panels receive briefing papers and reports from bureaux and departments on major policy and administrative undertakings and give views on major legislative or financial proposals.33 Table 10: Average panel meetings attended per legislator 2004-2005 FC Average GC Average Combined Average

62.73 66.55 64.61

2005-2006 FC Average GC Average Combined Average

53.57 56.76 55.14

During both 2004-2005 and 2005-2006 legislative years, geographical legislators on average attended around 6% more panel meetings than their functional counterparts.

Rowena Y. F. Kwok and Chow Chiu Tak (2006), p. 211. 10

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Table 11: Five most and least participative legislators by panel meetings attendance Top 5 FC performers Tommy Cheung Yuyan

Patrick Lau Sau-shing Abraham Shek Laihim Jeffrey Lam Kin-fung Andrew Leung Kwanyuen

Catering Architectural, Surveying and Planning Real Estate and Construction Commercial First Industrial First

Bottom 5 FC Performers Sports, Performing Arts, Timothy Fok Tsun- Culture and ting Publishing Joseph Lee KokHealth long Services District Lau Wong-fat Council Philip Wong YuCommercial hung Second David Li Kwok-po Finance

73 67 55 49 43

164

156

156 155

Top 5 GC performers Emily Lau Waihing NT East Kowloon James To Kun-sun West Albert Ho Chunyan NT West Albert Chan Waiyip NT West Andrew Cheng Kar-foo NT East

179 168 167 158 155

154 Bottom 5 GC Performers Frederick Fung Kowloon Kin-kee West New Ronny Tong KaTerritories East wah Martin Lee ChuHong Kong ming Island Kowloon Lau Chin-shek West Hong Kong Ma Lik Island

86 75 72 39

(h) Individual Performance The following ranking incorporates all the individual marks presented above and combines them in a tailored indicator. We have also reproduced in this section a participation ranking developed by a previous study based on information from the period 2000-2004. By comparing these two rankings, consistently high and low performers can be identified.

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Table 12: Rankings of FC legislators by level of participation Legislator Sin Chung-kai Wong Kwokhing Howard Young Raymond Ho Chung-tai Kwok Ka-ki Miriam Lau Kin-yee Fernando Cheung Chiuhung Andrew Leung Kwan-yuen Wong Tingkwong Jeffrey Lam Kin-fung Tam Heungman Tommy Cheung Yuyan Vincent Fang Kang

2004-2006 Constituency Information Technology

Rank

Labor Tourism

2 3

Sin Chung-kai Miriam Lau Kinyee Ip Kwok-him

Engineering Medical

4 5

Transport

Social Welfare

Industrial First

Import and Export

Commercial First

Accountancy

Patrick Lau Sau-shing Abraham Shek Lai-him

Catering Wholesale and Retail Architectural, Surveying and Planning Real Estate and Construction

Li Fung-ying Sophie Leung Lau Yau-fun

Labor Textiles and Garment

Cheung Mankwong Selina Chow Liang Shuk-yee Abraham Shek Lai-him

Li Fung-ying

Cheung Mankwong

Education

Kwong Chi-kin Margaret Ng Joseph Lee Kok-long

Labor Legal

19 20

Health Services

Bernard Chan Wong Yungkan

Insurance Agriculture and Fisheries

Lau Pingcheung Kenneth Ting Woo-shou Leung Fu-wah Eric Li Kacheung Hui Cheungching

Lui Ming-wah

Lui Ming-wah Chim Puichung Daniel Lam Wai-keung

Industrial Second

Financial Services Heung Yee Kuk

Legislator

2000-200434 Constituency Information Technology

Rank 1

Transport District Council

2 3

Howard Young Law Chi-Kwong

Tourism Social Welfare

4 5

Margaret Ng

Legal

Health Services

Commercial First

Medical

Michael Mak Kwok-fung James Tien Peichun Lo Wing-lok Chan Kwokkeung Tommy Cheung Yu-yan

Labor (1st rep)

Catering

Engineering

Financial Services

Education Wholesale and Retail Real Estate and Construction

Labor (2nd rep) Architectural, Surveying and Planning

Industrial First Labor

19 20

Accountancy

Import and Export

22 23

Wong Yung-kan Sophie Leung Lau Yau-fun

Industrial Second Agriculture and Fisheries Textiles and Garment

Bernard Chan

Insurance

14 15

Raymond Ho Chung-tai Henry Wu Kingcheong

Christine Loh and Civic Exchange (eds.) (2006). Appendix 22. 12

15 16

24 25

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

David Li Kwok-po Philip Wong Yu-hung Lau Wong-fat

Timothy Fok Tsun-ting

Sports, Performing Arts, Culture & Publication Heung Yee Kuk Commercial Second

Lau Wong-fat Philip Wong Yuhung

David Li Kwokpo

Finance

Finance Commercial Second

District Council Sports, Performing Arts, Culture & Publishing

When the combined functional legislatorsâ&#x20AC;&#x2122; participation is broken down by individual members, the expertise of some Functional Constituencies that are touted as fundamental to LegCo work is noticeably sparse. Wholesale and Retail (Vincent Fang Kang), Finance (David Li Kwok-po), Commercial First (Jeffrey Lam Kin-fung) and Commercial Second (Philip Wong Yu-hung) fall far from the most active functional legislators. Indeed, the Commercial Second and Finance functional legislators rank among the five least active functional members in both 2000-2004 and 2004-2006. Table 13: Ranking of FC and GC legislators by participation index Ranking of Participation 2004-2006 Legislator Constituency Rita Fan Hsu Lai-tai GC - Hong Kong Island Sin Chung-kai FC - Information Technology Andrew Cheng Kar-foo GC - New Territories East Emily Lau Wai-hing GC - New Territories East Wong Kwok-hing FC - Labor Audrey Eu Yuet-mee GC - Hong Kong Island Li Kwok-ying GC - New Territories East Lee Wing-tat GC - New Territories West Howard Young FC - Tourism Chan Kam-lam GC - Kowloon East Chan Yuen-han GC - Kowloon East Lau Kong-wah GC - New Territories East Raymond Ho Chung-tai FC - Engineering Kwok Ka-ki FC - Medical Choy So-yuk GC - Hong Kong Island Miriam Lau Kin-yee FC - Transport Fernando Cheung Chiuhung FC - Social Welfare Alan Leong Kah-kit GC - Kowloon East Albert Ho Chun-yan GC - New Territories West Ronny Tong Ka-wah GC - New Territories East Albert Chan Wai-yip GC - New Territories West Andrew Leung Kwan-yuen FC - Industrial First Wong Ting-kwong FC - Import and Export Albert Cheng Jinghan GC - Kowloon East Jeffrey Lam Kin-fung FC - Commercial First Fred Li Wah-ming GC - Kowloon East Lee Cheuk-yan GC - New Territories West Frederick Fung Kin-kee GC - Kowloon West Cheung Hok-ming GC - New Territories West Tam Heung-man FC - Accountancy Tommy Cheung Yu-yan FC - Catering

PI N/A 951.94 912.61 906.53 832.18 828.93 801.99 800.41 782.72 782.24 776.80 763.60 762.21 761.80 761.35 734.22 708.60 692.60 681.71 679.86 674.43 664.72 662.57 658.95 655.30 643.36 633.96 631.66 631.35 626.33 608.61

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006 Selina Chow Liang Shukyee Vincent Fang Kang James Tien Pei-chun Patrick Lau Sau-shing Tam Yiu-chung Abraham Shek Lai-him Leung Yiu-chung Li Fung-ying Sophie Leung Lau Yau-fun Cheung Man-kwong Yeung Sum Kwong Chi-kin James To Kun-sun Margaret Ng Joseph Lee Kok-long Bernard Chan Ma Lik35 Wong Yung-kan Jasper Tsang Yok-sing Lui Ming-wah Martin Lee Chu-ming Leung Kwok-hung Chim Pui-chung Daniel Lam Wai-keung David Li Kwok-po Philip Wong Yu-hung Lau Chin-shek Lau Wong-fat Timothy Fok Tsun-ting

GC - New Territories West FC - Wholesale and Retail GC - New Territories East FC - Architectural, Surveying and Planning GC - New Territories West FC - Real Estate and Construction GC - New Territories West FC - Labor FC - Textiles and Garment FC - Education GC - Hong Kong Island FC - Labor GC - Kowloon West FC - Legal FC - Health Services FC - Insurance GC - Hong Kong Island FC - Agriculture and Fisheries GC - Kowloon West FC - Industrial Second GC - Hong Kong Island GC - New Territories East FC - Financial Services FC - Heung Yee Kuk FC - Finance FC - Commercial Second GC - Kowloon West FC - District Council FC - Sports, Performing Arts, Culture & Publishing

608.33 594.28 593.00 588.85 588.16 584.62 576.46 571.55 555.16 552.16 550.67 550.47 529.58 527.26 518.67 497.16 463.35 442.36 436.30 423.99 422.34 391.15 390.68 377.09 292.37 284.88 258.17 257.98 248.56

(i) Findings and Conclusions Putting all the data together, functional legislators proved around 12% less active than their geographical peers across the range of the LegCo activities examined. A number of additional patterns emerge from these quantitative measurements: Functional legislators mainly represent their sectors: Our measurements revealed geographical legislators are more active in Council business activities (i.e. questioning and moving motions and amendments) while functional legislators present higher activity in bills committees and panels. Particularly, functional legislators tend to become involved in bills committees and panels which deal with issues directly linked to the sectors they represent. Geographical legislators, on the other hand, become engaged in a wider range of issues which ultimately explains their higher overall participation levels. These patterns confirm previous studies which have concluded that participation of functional legislators is mostly driven by sectoral interest.36 If sectoral interests are involved, participation is higher. If they are not, participation diminishes substantially.

35 36

See note 27. Rowena Y. F. Kwok and Chow Chiu Tak (2006). 14

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Low functional participation levels in some sectors: Functional legislators associated with industries viewed as critical to Hong Kong’s economy, such as commerce, financial services, and real estate, are quite inactive within LegCo. Chronic low functional performers in some sectors: Certain functional legislators – such as Timothy Fok Tsun-ting (Sports, Performing Arts, Culture, and Publishing), Philip Wong Yu-hung (Commercial Second) and David Li Kwok-po (Finance) – show chronically low participation levels across the range of LegCo activities. Similar findings were released in previous studies covering earlier legislative periods.37 The level of participation depends on the legislator: By comparing measurements from different legislative periods, it can be noted that the level of participation varies according to the particular representative who is in office, rather than according to the functional constituency itself. In other words, there are more or less active legislators, but the level of activity cannot be attributed to particular Functional Constituencies. Indeed, most legislators who served in both study periods achieved similar ranks in the two periods. At the same time, all functional constituency sectors which moved up or down by more than 10 positions from one ranking to another had different representatives for the two periods. In the final analysis, these findings raise a concern regarding the functional lawmaker’s ability to fully carry out his or her legislative duties. Functional and geographical legislators debate and vote on all issues – whether the issues are sector-related or not. Yet, if the representatives of Functional Constituencies are consistently less active than those who are directly elected from Geographical Constituencies, it needs to be asked whether sectorbased constituencies have a defect that makes the legislators so elected less active in performing their legislative responsibilities. Assuming that each functional legislator represents an important element of Hong Kong society, it must also be asked whether the continued lack of participation by some of those legislators in public policy deliberation and debate make the justification for Functional Constituencies less credible. At best, it may be possible to justify lower functional participation in LegCo by arguing that their current levels of participation allow them to contribute political activity in their areas of expertise for the good of their sectors and society as a whole. At worst, it may also be said that lower functional participation reflects a fundamental characteristic of the Functional Constituencies – their representatives are by nature more interested in sectoral interests, which they prioritise above the general public interest should the two interests diverge. In any case, the notion of Functional Constituencies being as critical as Geographical Constituencies to general policy-making remains glaringly unsubstantiated by their diminished participation within LegCo, both as individuals and as a group.

See rankings of 2004-2006 and 2000-2004 on page 12. 15

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Part II 5. (a)

Specialist Knowledge The Rationale of Functional Constituencies “…it is proposed that the present informal system of selecting members from a wide range of such constituencies which has grown up over many years and has provided much specialist knowledge and expertise, should be developed into a more formal representative system by the introduction of appropriate arrangements for the election by each of these functional constituencies of one or more representatives to serve on the Legislative Council” (emphasis added). 1984 Green Paper38

Before the implementation of the functional election system in 1985, the colonial administration maintained a practice of appointing leaders from various economic and professional sectors to act as unofficial members of LegCo, the Executive Council (ExCo) and various advisory committees. Thus, the business and professional elites also became Hong Kong’s political elites.39 The functional election system was developed and introduced within the framework provided by the Sino-British Joint Declaration, signed in 1984. The system was presented as an overall plan to develop representative government in Hong Kong, and in LegCo particularly, during the final 12 years of British sovereignty. This development was supported by Beijing, which viewed the functional election system as essential to maintaining stability and prosperity in Hong Kong. The original justification for the functional election system relied on the benefits arising from incorporating specialist knowledge and particular areas of expertise as well as maintaining balanced participation. 40 Functional Constituencies would represent the interests of the business and professional elites, said to be critical to Hong Kong’s prosperity, and contribute specialised knowledge to policy making. Since then, the concepts of specialist knowledge and expertise have been frequently quoted as justifications for maintaining the functional election system.41 This section attempts to determine whether Functional Constituencies still accomplish the purpose of bringing specialist knowledge and valuable expertise to LegCo and, if so, to understand precisely what kind of knowledge and expertise they provide. At one level, we explore the different expressions of “specialist knowledge” by functional legislators, their geographical counterparts, and other concerned groups. At another level, we examine the character of this “specialist knowledge” as manifestations of economic interests vs. social 38

Hong Kong Government (1984). Green Paper: The Further Development of Representative Government in Hong Kong. Government Printer, p.13. 39 The history of these appointments is well documented by Christine Loh (2006), Chapter 1; and Leo F. Goodstadt (2006), Chapter 2, pp. 19-40 and 41-57. 40 See the 1984 and 1987 Green Papers, notes 1 and 8. 41 In 1999 the Constitutional Affairs Bureau reiterated this justification by affirming that “the aim of these elections is to ensure that the economic and professional sectors which are substantial and of importance in the community are represented in the legislature, and that they can have the full opportunity to contribute, using their professional qualifications and experience, to the work of the Legislative Council and to the well-being of our community.” See Constitutional Affairs Bureau (1999). “Administration’s Responses to Points raised on 7 May by Members of the Bills Committee on the Legislative Council (Amendment) Bill 1999”, p. A2. Similarly, in 2005 legislator Sin Chung-kai said: “Insofar as Members returned by FCs are concerned, their work may be very much different from those Members returned by the GCs. In general, the difference lies in sector interests… I think that Honourable colleagues from FCs have greater expertise, knowledge and experience in certain specific areas,” LegCo Council Meeting, Hansard, 10 March 2005, p. 5323. 16

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

interests, and sectoral interests vs. public interests. In analysing these issues, we have used the Smoking (Public Health) (Amendment) Bill 2005 as an observation tool and case study. (b) (i)

Case Study: Smoking (Public Health) (Amendment) Bill 2005 Introduction “As far as I am concerned, this matter is very clear and two major principles are involved: smoking is hazardous to public health and passive smoking is bad to waiters and employees. I absolutely agree with this. On the other hand, I have no doubt whatsoever that a total smoking ban will affect restaurants.” Tommy Cheung [Catering FC]42

The proliferation of anti-smoking measures among many nations, jurisdictions and cities represents a growing trend during the last two decades. This reflects an increased awareness by societies and their governments of the adverse effects of active and passive smoking. Anti-smoking measures take many forms, ranging from selective taxation of tobacco products to complete smoking bans in public areas. Hong Kong is no exception. In mid-2001, a HKSAR Government consultation showed an expansion of smoking restrictions would have widespread public support.43 In the fall of 2004, the LegCo passed a motion calling for a total smoking ban in workplaces, restaurants, and public indoor areas.44 The following year, the government introduced the Smoking (Public Health) (Amendment) Bill 2005. The Bill’s objectives included protection of the health of workers in the catering sector from second-hand smoke; prevention of young adults from picking up the habit through increased education and advertising regulations; and restrictions on smoking in public areas. The key areas of contention between proponents and opponents of the Bill included the extent of the smoking ban and the possibility of allowing certain exceptions; the time schedule for relevant sectors to comply with the new measures; and the adverse economic consequences for certain industries – such as catering, tourism, and retail.45 (ii)

Health Services Functional Constituency and Medical Functional Constituency

LegCo Council Meeting, Hansard, 20 October 2004, p. 501. This consultation was carried out by the Tobacco Consultation Taskforce, www.hwfb.gov.hk /hw/text/english/consult/smoke/Paper.HTM 44 The motion calling for the implementation of a smoking ban in workplaces and combating the problem of young smokers was moved by the Insurance FC (Bernard Chan). Two amendments to this motion were proposed by the GC members Albert Cheng Jing-han and Andrew Cheng Kar-foo. These amendments were in line with the original motion but extended its coverage to a total ban in restaurants, bars and karaoke centres, and air-conditioned indoor public areas. Essentially, Cheng’s amendment called for more immediate and strict implementation of the smoking ban and was voted down because a majority could not be reached among FCs (of 23 FC members present, 11 were in favour, 11 against, and 1 abstained; while among the 28 GC members present, 23 were in favour, 3 against, and 1 abstained). On the whole, anti-smoking initiatives expressed by these motions received widespread support within LegCo – with the exception of three FCs: Catering FC (Tommy Cheung), Wholesale and Retail FC (Vincent Fang), and Tourism (Howard Young). See LegCo Council Meeting, Hansard, 20 October 2004, pp. 474-545. 45 The Bill’s main proposals, as outlined by LC Paper No. LS63/04-05, were to “(a) extend the statutory smoking ban to restaurants (in addition to the present limited ban), bars and other hospitality premises, educational and welfare institutions, indoor work places and public places; (b) increase the controls on packaging and labelling of tobacco products; (c) strengthen the restrictions on advertisement and promotion of tobacco products; and (d) confer enforcement powers on Tobacco Control Officers and extending the existing enforcement powers of the managers of existing statutory smoke-free areas.” Legal Service Division Report on Smoking (Public Health) (Amendment) Bill 2005, Paper for the House Committee Meeting on 13 May 2005, at http://www.legco.gov.hk/yr0405/english/hc/papers/hc0513ls-63e.pdf. 43

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

The formation of anti-smoking policy centred largely on health-related issues. These concerns included: (i) the hazards posed by second-hand smoke to health, (ii) the health costs arising from smoking-related diseases, and (iii) the viability of alternative forms of health protection, such as improved ventilation systems. With so many health issues at stake, one would conceivably expect the Health Services Functional Constituency46 (Joseph Lee Kok-long47) and Medical Functional Constituency 48 (Kwok Ka-ki49) to be consistent engaged in discussions of the Bill and at the forefront of opinion formation. However, the Health Services functional legislator was not a major player. He was absent from 17 out of the 39 Bills Committee meetings and was not an active participant in the majority sessions he did attend. 50 He was also absent from the final debate at the full Council meeting when the bill was passed. Furthermore, he did not appear to have contributed much expertise on the critical issue of the health costs resulting from secondhand smoke. The concepts of specialist knowledge and valuable expertise, thus, did not find correlation in the performance of the Health Services Functional Constituency representative during the scrutiny process of a piece of legislation that should have been of particular interest to him. The Medical functional legislator demonstrated a higher level of participation but his participation was not focused on health-related matters. While he supported the smoking ban, his primary contributions centred on the ban’s implementation and enforcement, and the ban’s consequences on certain economic sectors. He was also concerned about such issues as the costs to Hong Kong due to widespread smoking and the necessity to regulate tobacco usage in Hong Kong. He sought ways to reduce the financial impacts on newspaper hawkers arising from advertising restrictions, proposed the creation of an outdoor smoking area in the airport, and discussed some enforcement issues. These contributions did not derive from specialist knowledge in the medical field. On the specific occasions where he did present medical information, his arguments were often already stated by other “nonspecialist” legislators, prompting him to remark: I am grateful to those Members who have spoken earlier for referring extensively to the relevant data. This has spared me from wasting time on quoting figures to prove that cigarettes and second-hand smoke are causing harm to society.51

The Health Services FC consists of registered members of various professions relating to provision of health services, including nurses, pharmacists, occupational therapists, midwives, physiotherapists and optometrists. 47 Joseph Lee Kok-long is a registered nurse and has a doctorate in Social Science. His titles include Board Member, Hospital Authority; Member, Nursing Council of Hong Kong; Member, Hospital Governing Committee of Kwai Chung Hospital/Princess Margaret Hospital; and Chairman, Association of Hong Kong Nursing Staff. Further details about Lee’s profile at www.legco.gov.hk/general/english/members/yr04-08/lkl.htm 48 The Medical FC consists of registered medical practitioners and dentists. 49 Kwok Ka-ki’s educational background includes a M.B.,B.S.; a Master of Arts; and several fellowships with medical institutions. He has been appointed to numerous medical-related positions including: Convenor, Alliance on Anti-Smoking; Member, Medical Council of Hong Kong; Chairman, Government Doctors' Association; Council Member, Hong Kong Medical Association. Further details about Dr Kwok Ka-ki at www.legco.gov.hk/general/english/members/yr04-08/kkk.htm 50 Attendance figures for the Smoking Bill Committee are according to records (in English) available at the LegCo website as of 23 October 2006. Subsequent releases may have slightly modified these measurements. 51 Kwok Ka-ki’s speech, LegCo Council meeting, Hansard, 20 October 2004 at p. 486. 18

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Like the Health Services functional legislator, the Medical functional legislator was ideologically in line with the expected stance of a sectoral representative in the health field – but his medical knowledge was not so useful to the legislative process. A striking aspect of this case study was the invaluable health expertise, whether in support of or against the ban that came from outside LegCo. Sources included government officials, independent experts and various advocacy groups, who presented research to LegCo at the Bills Committee meetings. They provided extensive data and information on many relevant issues including smoking and health hazards, and comparative smoking regulations and their economic impacts in other jurisdictions. Officials from the Health, Welfare and Food Bureau represented the HKSAR Government at these meetings and were responsible for taking the legislation through the legislative scrutiny process. The process provided opportunities for other interested parties, ranging from tobacco companies to public health advocacy groups, to present views directly to the Bills Committee on various occasions. Other studies have also noted the active and positive participation of various stakeholders bringing all kinds of relevant expertise into Hong Kong’s legislative scrutiny process.52 In the final analysis, the assumption that Functional Constituencies represent the key channels for bringing technical expertise into legislative debates is not supported by the findings of this case study. (iii)

Catering Functional Constituency “The catering and entertainment industries and other related industries agree that the long-term policy objective should be to improve public health. If we can, we also wish to contribute to this cause.” (emphasis added) Tommy Cheung [Catering FC] 53

Having examined the functional proponents of the Smoking (Public Health) (Amendment) Bill, we will now look at the opponents from the following Functional Constituencies: Catering (Tommy Cheung), Tourism (Howard Young), and Wholesale and Retail (Vincent Fang). While the interests of the Health Services and Medical Functional Constituencies were aligned with the public interest of improved health, the opposing side represented business sectors that did not support a smoking ban for commercial reasons. In their case, the “specialist knowledge” of the opposing functional legislators was in fact the same as their “sectoral interests”. A fellow legislative member noted: “Every time when there are calls to impose a smoking ban in restaurants, Mr Tommy Cheung of the catering industry would jump to his feet”.54 Cheung was the crusader against the Bill. His attendance record at bills committee meetings outstripped all other members of that committee, whether functional or geographical legislators. Indeed, he was the only member to have a full attendance record.55 This stellar performance contrasted with his more sedate overall performance – he did not rank among the 10 most participative legislators in our study.56 Two observations can be drawn from Cheung’s top performance in this case. Firstly, functional legislators participate far more when the issue bears a direct impact on their 52

Jake van der Kamp and Carine Lai, (2006), pp. 308-309. The authors remark that FCs bring expertise that “already exists within the government bureaucracy out of pure necessity, because the civil service is responsible for the government’s role in regulation,” p. 308. 53 Tommy Cheung’s speech, LegCo Council meeting, Hansard, 27 January 2005, p. 3874. 54 Fernando Cheung, LegCo Council meeting, Hansard, 20 October 2004, p. 493. 55 Tommy Cheung attended all the meetings of the Bills Committee. 56 Tommy Cheung ranked twelfth out of the 60 members. 19

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

sectors and far less when no such direct link exists.57 Secondly, sectoral business interests can prove a stronger impetus for participation than “specialist knowledge” concerned only with technical expertise, as evidenced by the fact that Cheung’s performance outshone that of the Health Services and Medical functional legislators.58 What did Cheung advocate? Cheung, like so many other Hong Kong people, recognised the worrisome effects of smoking on health. However, he argued the smoking ban should be the “long term” objective to be reached “in gradual steps,” “allowing exemptions for certain businesses,” and “when the economic conditions of the involved sectors would make it possible.”59 His general recommendations, however, were not accompanied by any specific timetables. Cheung demonstrated a steely resolve opposing the ban – consistently citing its ill effects on the catering industry. He was clear about whose interest he represented: “I represent the industry and it believes that this measure will affect business”.60 Cheung drew on domestic and international examples to show the adverse economic impacts of a smoking ban while questioning the accuracy of other research studies offered by the HKSAR Government and LegCo members suggesting that the catering industry would not be affected – and might even benefit – from the restriction. Judging from the content of the majority of his speeches, Cheung ostensibly perceived the “interests of the catering industry” as more in line with the interests of employers than the employees of the catering sector. Cheung expressed concern for safeguarding the jobs and salaries of the workers, but the point was actually intended to prevent loss of profit to restaurant owners: “The recent proposal to impose a total ban on smoking in all the restaurants is adversely affecting the jobs of employees in the catering industry. For those who are lucky enough to keep their jobs after the ban is imposed, I think their income will be affected because wages are often linked with the business turnover.”61 Why would Cheung see his primary duty as safeguarding jobs and income levels instead of protecting workers’ health? Why would Cheung focus on the owners of catering establishments over the employees? Moreover, poorer employees’ health could also affect company productivity. Nevertheless, occupational health was not a part of Cheung’s agenda for the catering industry. This phenomenon can be explained by the fact that the Catering Functional Constituency voters are employer/owners rather than employees. For the 2004 LegCo election, there were 433 registered corporate electors and 7,353 registered individual electors (who held specific food licences).62 The HKSAR Government’s view on the employees vs. employers divide for Functional Constituencies is also clear: “… if all employees of functional constituencies were included in the electorate, most of the functional constituencies would become, in practice

Rowena Y. F. Kwok and Chow Chiu Tak (2006). Joseph Lee was absent for 17 meetings of the Bills Committee, Kwok Ka-ki 4, and Tommy Cheung none. 59 Tommy Cheung Online, www.tommycheung.com/newslettereng_ctn_9-05_1.htm 60 Tommy Cheung, LegCo Council meeting, Hansard, 20 October 2004, p. 500. 61 Tommy Cheung, LegCo Council meeting, Hansard, 27 January 2005, p. 3758. 62 Christine Loh and Civic Exchange (eds.) (2006). Functional Constituencies: A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press, Appendix III. 58

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

“employee constituencies”. This would not be consistent with the original intention of setting up functional constituencies”.63 (iv) Additional Contributions Tommy Cheung should not be singled out as the only functional legislator who favoured narrow sectoral interests over public health. Vincent Fang (Wholesale and Retail) consistently lobbied against the Bill primarily on economic grounds, such as the harm it would do to small and medium-sized enterprises (SMEs), newspaper stall holders, and tobacco companies.64 Notably, he also raised the issue of Hong Kong becoming a touristunfriendly place, especially for visitors from Mainland China, many of whom might be smokers,65 and he defended the rights of smokers.66 Howard Young (Tourism) adopted a mixed approach to the smoking ban. While supporting a complete ban on smoking in workplaces, he opposed it in restaurants. Like Fang, Young was also concerned about the ban’s effect on tourism. He suggested setting up smoking rooms in cross-boundary ferry terminals, for example. Obviously, the three functional legislators shared a preoccupation with sectoral issues – not least of all, financial concerns – accompanied by a disregard for the health of the greater public. It is worth noting that Cheung, Fang and Young are all members of the Liberal Party, which was supporting the ban, albeit advocating implementation in a “gradual and orderly manner”. 67 James Tien, a directly elected legislator of the same party, explained the anomaly between the party’s position and that of the three functional legislators thus: Members of the Liberal Party who represent their sectors, that is, Mr Tommy Cheung, Mr Vincent Fang and Mr Howard Young, will speak … on their own views.68 This suggests that members “who represent their sectors” would be exempted from following the party line. But why were only these three legislators “representing their sectors” and not

HKSAR Government (2005). The Fifth Report of the Constitutional Development Task Force: Package of Proposals for the Methods for Selecting the Chief Executive in 2007 and for Forming the Legislative Council in 2008. paragraph 5.32 64 Vincent Fang’s reasons for opposing the Bill included (i) negative economic implications of the Bill on small and medium-sized enterprises, newspaper stall holders, tobacco companies and the catering industry; (ii) the impact on employment levels, and (iii) the possibility of losing valuable tobacco trademarks. He pursued a number of exemptions to the anti-smoking measure, such as extending the adaptation period, allowing smoking rooms within non-smoking areas, and reducing the advertising restrictions on tobacco products. 65 “We all know that China has the most smokers in the world and if a total smoking ban is imposed in Hong Kong workplaces, our friends from the Mainland would certainly find it very inconvenient”, Vincent Fang, LegCo Council meeting, Hansard, 20 October 2004, p. 491. 66 Vincent Fang explained his view of the rights of smokers and non-smokers: “… to people who do not smoke, the smell of cigarettes is indeed repulsive. But to those who have the habit of smoking, it would be like taking their lives if they are not allowed to smoke”, ibid., p. 145. 67 James Tien presented the position of the Liberal Party on the smoking ban in the following terms: “The Liberal Party also agrees to the idea that passive smoking is equally hazardous to health. This is because in recent years we have seen many cases in our health care system in which many people who have been exposed to second-hand smoke have developed health problems. We also appreciate the data obtained from relevant studies. All the above are our views on the topic of a ban on smoking all through these years. But Mr. Andrew CHENG has criticised the Liberal Party of saying (sic) that everything should be done in a gradual and orderly manner. What we are referring to is in fact not progress in a gradual and orderly manner as in a timetable, we are saying that in terms of scope and coverage, it should be done in a gradual and orderly manner.” See LegCo Council Meeting, Hansard, 20 October 2004, p. 488. 68 James Tien, LegCo Council meeting, Hansard, 20 October 2004, p. 490. 21

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

the other Liberal Party’s functional members? 69 Tien likely intended to remark that the functional members “whose sectoral interests are directly affected” by the Bill would express their own views and those who did not have to speak for the directly relevant sectoral interests would follow the party line. This would imply that for functional legislators, their direct sectoral interests provide the primary input for how they operate within LegCo, while the party line is followed when no sectoral issues are involved. It should also be noted that there was a strong oppositional campaign against the Bill. Tobacco companies objected to the advertising restrictions. 70 An alliance of businesses formed the Catering Entertainment Premises Smoking Ban Regulations Concern Group and met 17 legislators to lobby against the Bill.71 Other businesses came together to form their own advocacy groups, such as the Hong Kong Bar and Karaoke Rights Advocacy, as well as the Entertainment Business Rights Concern Group. Eventually the opposition was able to secure concessions, such as substantially extending the adaptation period and eliminating some advertising restrictions. Thus, the interests of specific concerned sectors, as well as their technical expertise, seemed to be already well represented by concerned bodies from outside LegCo. Having functional members such as Cheung, Fang, and Young in LegCo to act as lobbyists for “sectoral interests” enhanced the influence of these interests substantially. (v) Final Developments A last minute announcement by the responsible government minister surprised many lawmakers. The Secretary for Health, Welfare and Food, York Chow Yat-ngok, stated that the HKSAR Government would, over the next year or two, study the feasibility of allowing smoking rooms in some indoor venues, as it had been proposed twice by the catering sector at bills committee meetings. Some legislators accused the government of pandering to the tobacco companies and the catering sector because of political considerations, especially in light of the next Chief Executive selection in 2007 and Chief Executive Tsang’s need to secure support from members of the Election Committee, who are chosen by voters from functionally-based sectors.72 One newspaper described the “U-turn” to have come as a result of pressure from business interests: “The government’s change of heart highlighted the ability of vested interests – the tobacco and the catering lobby in this instance – to get what they want from an unelected administration that feels it necessary to bend over backwards to seek support from every possible sector.” 73

Eight functional legislators are currently members of the Liberal Party. For example, Japan Tobacco Inc made a presentation before the Bills Committee in which it argued that the intended prohibition on using the word “mild” in any tobacco product imposed by the Bill would deprive Japan Tobacco Inc from using its trademark “Mild Seven”, and that this would be unlawful under international and domestic intellectual property regulations. Therefore, the smoking legislation would be subject to legal challenge. The government responded by introducing a provision to the Bill allowing the use of such words in trademarks registered or incorporated before the enactment of the Bill. See paper [CB(2)2660/04-05(04)] (submission from Baker & McKenzie acting for Japan Tobacco of 6 October 2005) available at www.legco.gov.hk/yr0405/english/bc/bc61/papers/bc611006cb2-2660-4e.pdf 71 As detailed on Tommy Cheung’s website, the Catering Entertainment Premises Smoking Ban Regulations Concern Group was formed in December 2005. The Group comprised representatives of Chinese and Western restaurants, 24-hour local cafes, karaoke centres, private clubs, nightclubs, pubs and bars, saunas, mahjong clubs, and snooker halls. See www.tommycheung.com. 72 Christine Loh (2006). “Introduction”, in Christine Loh and Civic Exchange (eds.), Functional Constituencies: A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press, pp.10-12. The author discusses the Election Committee system to select the Chief Executive. 73 Editorial, “Smoking ban should not be weakened further”, South China Morning Post, 20 October 70

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Perhaps as a result of this additional last-minute concession, even Tommy Cheung voted in favour of the Bill but not before saying: "What has left a bad taste in my mouth is that the government has been insisting all along that the smoking ban is going to help our business, rather than acknowledging that the smoking ban is going to hurt them".74 The Smoking (Public Health) (Amendment) Bill was finally passed into law on 19 October 2006 with 52 votes in favour and 2 abstaining.75 (vi) Conclusion Although the current functional election system will most likely continue to exist in Hong Kong for the foreseeable future, 76 it is nevertheless important for Hong Kong and Beijing to understand more thoroughly the impact of Functional Constituencies on society. Our first observation is that functional legislators are not necessarily the most important expert knowledge providers to the legislative process. A substantial amount of specialist knowledge comes from a wide variety of sources independent of functional members, and at times, outside of LegCo. Moreover, how hard a functional legislator works depends more on his or her interest –sectoral or otherwise– in a specific LegCo activity than on whether he or she has any expert knowledge. In the case of the Smoking (Public Health) (Amendment) Bill 2005, the two functional legislators in the health area were not the key contributors of expert knowledge and they worked less hard during the scrutiny process than other legislators. Indeed, the legislator that worked the hardest represented a sector that opposed the Bill, not on the basis of technical concerns but more on the commercial interests of the owners in a specific sector. As for the occupational health of the employees in that sector, the best that the opposing functional legislator could offer was that the health safeguards could be achieved in the long-term and in gradual steps. Our second observation is that commercial interests (as represented by the Catering, Wholesale & Retail, and Tourism Functional Constituencies) can easily override the public interest. Under the Hong Kong functional election system, the representatives of these constituencies are compelled to represent their sectors’ interests. Election campaigns are run on the basis of how candidates will work for sectoral interests. With protecting and expanding sectoral interests as their primary duty, it is hard for them to act in the wider public interest when the interest of their sector conflicts with that of the greater public. On such occasions, the functional legislators take on the role of vested interest lobbyists. It may be argued that legislatures elsewhere are also influenced by vested interest lobbying. It is not unusual that corporate and sectoral interests pay lobbyists to work for them to influence the legislative process. In some jurisdictions, vested interests also use donations to politicians and parties as a way to press their views. However, Hong Kong’s Functional Constituencies stand out because certain sectors and therefore those vested interests are formally embedded into the political system and functional legislators are somehow “expected” to play the role of lobbyists. While in other jurisdictions politicians are elected by 2006, p. A18. 74 James Pomfret (2006). “Hong Kong smokers told to butt out in public”, iol, 19 October 2006, www.iol.co.za/index.php?set_id=14&click_id=117&art_id=qw1161267122285B241 75 See voting results at www.legco.gov.hk/english/index.htm 76 In April 2004, the Standing Committee of the National People’s Congress (SCNPC) ruled out universal suffrage in the elections of the Chief Executive and LegCo for 2007 and 2008 respectively. Additionally, the SCNPC also ruled that the proportion of FCs to GCs in LegCo would not be changed. The issue of FC to GC proportion was of significance given that some electoral reformers were calling for an increase in the proportion of GCs. 23

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

the general public – even if vested interests have contributed campaign funding to help specific candidates – in Hong Kong the voters are the vested interests rather than the general public. Our conclusions from these observations are: Firstly, the work of LegCo is unlikely to be affected by the lack of specialist expertise if functional members are removed. Secondly, the Hong Kong functional election system is a flawed system because the embedding of vested interests in LegCo often works against the public interest.

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Part III 6. Political party and party politics (a) Parties vs. Functional Interests While some of the supporters of Functional Constituencies worry that without functional representation LegCo may become unresponsive to the interests of the business sectors, others worry that without Functional Constituencies Hong Kong would be harder to govern because politics would get more contentious and it would be harder to operate an “executive-led” system.77 The Tamar case study provides a useful framework to evaluate these concerns since, in this case, divisions in LegCo were not driven by functional interests but, instead, by political party affiliations. Through the Tamar case, we examined the dynamics of party politics in Hong Kong, the legislative-executive relationship, and an alternative political form of balanced participation, achieved independently of Functional Constituencies. (b) The Tamar Case Study (i) Introduction In September 2005, Chief Executive Donald Tsang announced his intention to reinitiate plans for relocating the Central Government Office (CGO) from Government Hill to the Tamar site on the basis that the government needed more space than was available at CGO and that by developing a new site, it would be able to bring many parts of the administration under one roof and improve administrative efficiency. Tsang also argued that LegCo had already given the go-ahead for this development because the proposal was brought to it in 2003 by the previous Chief Executive, Tung Chee-hwa, but it had been withdrawn because Hong Kong did not have sufficient money then as the city’s economy was still in recession. However, with an improved economy, Tsang argued it was time to revive the project.78 The 4.2 hectare Tamar site is a reclaimed area along the Central harbour-front, currently being used as a temporary parking lot and occasional space for special events such as exhibitions and concerts. As one of the last remaining parcels of empty land along Victoria Harbour, Tamar is also a prime piece of undeveloped land in Hong Kong with enormous financial value. The government announced it wanted an ‘iconic’ development to showcase the city. The Tamar proposal ignited fierce support and opposition. Industry groups, such as the Hong Kong Construction Association, praised the Tamar proposal’s visionary ambitions and the positive impact it would have on industry employment and economic activity. On the other hand, some civil society groups and even some commercial interests criticised the Tamar proposal as an example of suboptimal planning that lacked vision and careful design. In this context, LegCo became the key focus of debate because Government needed its Finance Committee to vote funds for the project. The usual procedure before taking a vote in the Finance Committee required the Government to first put forward the details of the project to the Planning, Lands and Works Panel so that legislators would have the chance to scrutinise the plan before approving funding for it. In the Tamar case, however, a special 77

In 2002, a senior official noted that ‘functional constituency elections is an effective way to ensure that people from all walks of life can have balanced participation in political life’. Edited transcript of an interview with Qian Qichen reported in ‘Chinese vice-premier warns against democratic elections in Hong Kong’, BBC Monitoring Asia Pacific — Political, 26 June 2002, originally reported in South China Morning Post (Business Post supplement), 26 June 2002. See also HKSAR Government press release, 19 October 2005, available at: http://www.info.gov.hk/gia/general/200510/19/P200510190190.htm. 78 Information Services Department Online, “Tamar: A civic heart for Hong Kong,” March 24, 2006, www3.news.gov.hk/ISD/ebulletin/en/category/ontherecord/060324/html/060324en11001.htm. 25

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

subcommittee to scrutinise the project was formed. The Subcommittee to Review the Planning for the Central Waterfront (including the Tamar Site) was formed in response to pressure from civil society groups that the Tamar proposal should not be looked at in isolation as it would impact the entire Central harbour-front development. The Subcommittee began work in January 2006.79 The following sections present the positioning and influence of Hong Kong political parties in relation to the Tamar project. In the process, we discover these parties proved not only vociferous advocates of diverse interests, but also effective forms of political representation independent of functional or geographical constituency lines. (ii) The Liberal Party The Liberal Party has a long record of adopting pro-business and pro-government stances, and supporting infrastructure developments. It also has a member on ExCo. Accordingly, the party consistently supported the Administration’s plans for Tamar throughout the period from Tsang’s initial announcement of the Tamar proposal in September 2005 to the final vote in the Finance Committee on 24 June 2006. The records of the Subcommittee show the Liberal Party did not actively participate in raising questions to government officials at its meetings. Indeed, only one member of the Liberal Party joined the Subcommittee, and as that member chaired the Subcommittee, his primary responsible was to act as the convenor. Had the Liberal Party been interested in playing a bigger role in scrutinising the project, it would have ensured another member joined the Subcommittee so that the non-chair member could ask questions and raise issues. The records also show the Liberal Party did not voice any concerns over the project during Finance Committee meetings.80 Rather, Liberal Party members spoke rarely in the Finance Committee, and when they did, they either confirmed the party’s support or reserved their positions on various specific issues. (iii) The Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) The DAB is considered the party with the best links to the Beijing authorities. Although the DAB is represented in ExCo, its grassroots background and orientation mean it often has different preferences and priorities from the other parties which have appointees on ExCo, such as the Liberal Party. 81 The DAB opposed the Tamar project and raised many fundamental and specific concerns about the Tsang Administration’s proposal. It suggested the Tamar site should be sold because it would generate substantial income for the government. The party argued that government offices could be built in South East Kowloon, on the site of the old airport, which is slated for development. 82 The DAB proposed this site on the basis that the surrounding areas – Kowloon City, To Kwa Wan, and Lok Fu – were economically depressed and the relocation of the CGO there would bring many long-term economic benefits to the area. The DAB stressed its alternative idea in LegCo and through the media to the public.

The records of the Subcommittee can be found at www.legco.gov.hk/english/index/htm. See records of the Finance Committee meetings of 17 December 2005; 8 February 2006; 25 April 2006; and 29 May 2006. 81 Tung Chee-hwa, the former chief executive, was a shipping tycoon and therefore regarded as a member of the business elite, while Donald Tsang Yam-kuen is a long-time colonial civil servant. Neither of them would be the natural allies of the DAB in terms of policy preferences and priorities. 82 Carrie Chan (2005). “Battle lines drawn on urban renewal,” The Standard, 21 September. In late 2005, the convenor of the 36 local National People’s Congress deputies, Yuen Wu, questioned the Tamar site’s fiscal practicability, stating, “Should this prime site be converted into sea-view government offices? If it is put up for sale would it not return a high premium? We should be prudent in looking for alternative sites.” 80

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

The DAB began to campaign hard against the Tamar proposal from September 2005. On 22 September 2005, the Party spokesperson, Cheung Hok-ming, released a DAB poll showing that 61% of the respondents believed that if the CGO and LegCo were relocated to the former airport site, it would spur economic activity in South East Kowloon; 56% had reservations about the Tamar project; and approximately 40% viewed Tamar as a poor choice for a new CGO. 83 Later that day, the DAB also held an open forum to encourage public debate. Among those invited to attend were a number of DAB business allies, including Ronnie Chan, chairman of Hang Lung Properties, and Wang Shih-ching, chairman of Centaline Holdings. These businessmen raised the concern that if government offices were to be relocated to a prime waterfront site, the area would become like North Wanchai (where there are three large government blocks) and this valuable site would be a ‘dead zone’ after working hours and would therefore represent a waste of one of the best waterfront areas. Nevertheless, the DAB eventually backed down from its position and supported the Tamar project. It appears that their change of heart had more to do with political reasons than with issues raised about the Tamar. The Chief Executive went out of his way to show his willingness to be close to the DAB and form a "core partnership relationship for long-term cooperation on all issues."84 The Government also compromised to make separate plans for development of South East Kowloon, as had been requested by the DAB. (iv) The Democratic Party, Civic Party, and Independents The Democratic Party has a long record as the main opposition party in Hong Kong and built its reputation on its pro-democracy stance. The Democratic Party initially opposed the Tamar proposal but eventually supported the project. The party’s turnaround appears to have been made on political grounds rather than objective reasons relating to the details of the proposal itself. Media reports of party leaders indicate they did not want to be viewed as an “opposition” party 85 and were prepared to endorse the project in return for a vague government promise over the future of the existing CGO site.86 In the end, the party lost credibility with many civil society groups. The Civic Party was formed in early 2006 – when the Tamar debate was already initiated – with the coming together of six legislators from both Functional and Geographical Constituencies with pro-democracy persuasions. The Civic Party also opposed the Tamar proposal although it was slow in developing its own position on the matter. When it got into its stride, it argued that the CGO should be expanded in situ and retrofitted to create more space and to update the facilities. The party said this arrangement was the optimal solution because it was the most environmentally-friendly, and would cost much less than developing the Tamar site. The party produced an alternative plan that had the support of civil society groups, such as the Hong Kong People’s Council for Sustainable Development. A few days before the final Finance Committee vote, the party released findings of a study conducted by architects and surveyors through the Save Our Shorelines group, which concluded that 83

Connix Yau (2005). “Poll backs party stance on Tamar,” The Standard, 22 September. Carrie Chan (2006). “DAB Tamar U-turn for public good”, The Standard, 7 April. The article reports that Chief Executive Donald Tsang attended a meeting of the DAB on 4 April 2006 where he offered an olive branch as a symbol of a closer relationship between the party and the Administration. 85 Lee Wing-tat, Chairman of the Democratic Party, Letter to Hong Kong, RTHK 2 April 2006, at http://www.rthk.org.hk/rthk/news/englishnews/20060402/20060402_56_299231.html 86 Leslie Kwoh (2006). “Motion to spare ‘city lung’ fails”, The Standard, 6 July. The Democratic Party ultimately approved the Tamar project after the government promised to preserve old Burmese rosewood trees at the existing CGO site. After the Finance Committee approved funding for the Tamar project, they introduced a motion in LegCo calling for the government to preserve Government Hill as a “city lung” through prohibitions on commercial development and partial historical preservation of the site. The motion ultimately failed, with Civic Party members criticising the move as political showmanship after the Democratic Party’s about-face on Tamar. 84

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

retrofitting the existing government facilities with the highest-grade air-conditioning and electrical infrastructure would only cost HK$250 million.87 The independent legislator, Kwok Ka-ki (Medical Functional Constituency legislator) was particularly active in working with civil society groups to bring their voices into the Subcommittee’s deliberation. Moreover, he used the Subcommittee to press questions and even passed a number of motions raising concerns about the Tamar proposal. Kwok Ka-ki successfully pushed the government to publish more specific information in March 2006,88 which enabled the civil society groups to more effectively attack the vagueness of government plans as well as highlight various inconsistencies. (v) The Tsang Administration Facing persistent legislative and public pressure to clarify development plans, the Tsang Administration had to compromise. For example, in response to the charge that they were providing palatial offices for bureaucrats, officials agreed that the net floor area of the new complex would be reduced by 10%,89 half of the Tamar site would be devoted to open space, and there would be a height restriction of 60 stories so as not to obstruct the harbour view. Civil society groups continued to point out inconsistencies and vagueness in various government undertakings, as well as to attack the plan from the perspective of how it would negatively affect the planning of the entire Central harbour-front. In April 2006, the Chief Executive said the HKSAR Government had 70% public support for the Tamar project. This was immediately attacked by opposing legislators and civil society groups, who demanded to see the evidence. The government was unable to produce anything, but the Democratic Party and the DAB relied on the unsubstantiated government statement to justify their turnarounds. 90 (vi) Conclusion The final vote at the Finance Committee meeting on 24 June 2006 was 40 in favour, 10 against, split along party lines. The Liberal Party, DAB and Democratic Party voted in favour, while the 6 Civic Party members and 4 independent members voted against. 91 Political parties remained definitive in moulding a wide diversity of policy positions. The Liberal Party’s consistent support for the project was related to its overall positioning as a business-friendly and conservative party, with a long record in supporting infrastructure

Leslie Kwoh (2006). “Sprucing up offices would save billions,” The Standard, 21 June. Up until March 2006, opposition groups pointed out that Government had provided vague and conflicting renderings of the Tamar site. 89 Leslie Kwoh (2006). “Lawmakers floored as Tamar HQ soars in size,” The Standard, 26 April. Although the net floor area was reduced by 10% to 62,340 sq. meters, the gross floor area was later revealed by the government to be 120,400 sq. meters. Following widespread LegCo uproar at the sudden ‘doubling’ of the Tamar development, the government explained that its initial release of net floor area excluded items such as corridors, stairways, and lift areas, whereas the gross floor area included everything, such as car parks and mechanical rooms. 90 When the Government was asked by critics to produce information regarding these poll findings, the Administration challenged skeptics to produce evidence otherwise. On 21 June 2006, the Action Group on the Protection of the Harbour, which independent Kwok Ka-ki is part of, surveyed 770 respondents and found that 70% wanted no less than three months of consultation while 52% questioned Tsang’s contention that a majority of people supported the Tamar project. See DeGolyer, Michael (2006), “Playing with numbers”, The Standard, 15 June 2006. 91 There were 9 legislators not voting on the day for various reasons: Committee Chairperson Emily Lau Wai-hing did not cast a vote due to her role; Martin Lee Chu-ming (DP), Sin Chung-kai (DP), and James To Kun-sun (DP), were not in Hong Kong; Ma Lik (DAB) was not in Hong Kong; and Wong Yung-kan (DAB), Timothy Fok Tsun-ting, David Li Kwok-po, and Chim Pui-chung were not present. 88

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

developments.92 Conversely, the DAB was not about to give Donald Tsang its unstinting support at the outset and it was only after a period of wooing and compromises that the party supported the project. The DAB’s turnaround fit the longstanding pattern of the party’s behaviour – it would ultimately have to support the government on major issues because its existence has much to do with its close relationship with Beijing which is reflected in its generally “pro-government” stance.93 The Democratic Party gave up its initial oppositional stance and supported the government proposal. The turnaround over the Tamar project was an interesting move because it was based on the party’s desire to be seen as less oppositional. The Civic Party opposed the project but failed to capture the political space and alliance-building with civil society that were necessary to further its stance. Its slow response and take-up of the issue was perhaps due to its inexperience as a newly-formed party. Finally, the independent legislators were mainly in support of the Tamar proposal, but the most hardworking legislator, Kwok Ka-ki from the Medical Functional Constituency, vigorously opposed the government plan. Our first observation regarding the dynamics of party politics is that Hong Kong’s political parties sometimes struggle to establish their identity within a political sphere that is largely dominated by the executive branch. The relative weakness of political parties vis-à-vis the executive branch makes the former prone to adopt stances that seek to preserve or enhance their political positioning rather than to represent particular views of society. As such, political parties would need to be substantially strengthened, which requires their own efforts as well as further institutional backing, if they are going to play a bigger role in the future of Hong Kong’s political life.94 Notwithstanding, we also find that views represented by Hong Kong political parties are no less diverse, business-friendly or pro-government than those represented by Functional Constituencies. The final outcome of the Tamar debate suggests that a LegCo without Functional Constituencies could remain more pro-business than pro-environment, more progovernment than oppositional, and more conservative than liberal. Regardless of whether this is a preferred future or not, our interpretation is that in the absence of Functional Constituencies political parties would gain greater influence over Hong Kong’s political life, but this development would not substantially change the political leanings of LegCo. As in the Smoking Bill, specialist knowledge of the functional legislators was not relevant to the Tamar debate. The lack of technical expertise by most legislators did not prevent them from hearing expert views and reaching a decision on how to vote. Legislators invited individuals and groups with expertise to express views, they heard from various sectoral interests, they weighed their political interests and came to a decision. On the other hand, a legislator who may have been considered an expert on some of the issues under discussion – Abraham Shek from the Real Estate and Construction functional constituency – tended to highlight the employment opportunities that the Tamar proposal could bring to his sector rather than provide impartial, technical advice. 92

The Liberal Party is generally viewed as a pro-Government party, with a member serving on ExCo, because of its overall conservative orientation. 93 The DAB party manifesto expresses “we are devoted to China and Hong Kong” and repeatedly emphasises the DAB’s mission in preserving stability and supporting governance in Hong Kong. See DAB Manifesto, 10 July 1992, available at: http://www.dab.org.hk/en/main.jsp?content=category-content.jsp&categoryId=1044. 94 The need to strengthen political parties as way to further develop representative government in Hong Kong is recognised by the HKSAR Government, see The Fifth Report of the Constitutional Development Task Force: Package of Proposals for the Methods for Selecting the Chief Executive in 2007 and for Forming the Legislative Council in 2008, October 2005, paragraph 3.21. For a detailed discussion about the regulatory framework for Hong Kong’s political parties see Richard Cullen (2005). “Regulating Political Parties in Hong Kong”, Civic Exchange, February, available at http://www.civicexchange.org/publications/2005/050226legcosub.pdf. 29

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Ultimately, the question for Hong Kong and Beijing to answer is whether going the route of strengthening political parties so that they can take on the role of balancing interests in Hong Kong is a better way forward than maintaining Functional Constituencies.

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Part IV 7. Integration of Findings This study touched on a variety of aspects concerning the functional election system and the legislators it produces. The findings can be summarised as follows: (a) Quantitative Performance This study has shown that, on average, functional legislators are around 12% less participative than their geographical counterparts. Only three functional members were among the 10 most participative legislators and seven in the top twenty. Notably, functional legislators representing pillar industries, such as banking, financial services and commerce, were not among the most active LegCo members. By comparing previous quantitative performance studies, we also concluded that participation rate had more to do with the individual functional legislator rather than the functional constituency he or she represented. Ultimately, the functional election system did not produce legislators who were comparatively very active in the legislative arena, raising doubts as to their ability to benefit the public interest beyond merely advocating sectoral demands. (b) Specialist Knowledge This study also found that one of the original justifications for the creation of Functional Constituencies, that is to inject “specialist knowledge” into LegCo, is no longer valid (if it ever was). The necessary expertise that helps to guide LegCo’s deliberations is provided by the administration and external parties representing independent experts, as well as vested interests. If legislators want to hear the full range of views on any matter, they can easily invite individuals and groups to address them through the established system of panels and bills committees. Thus, suppressing the functional constituency system would not affect LegCo’s ability to produce technically-sound policy. (c) Political Parties and Party Politics The Tamar case study provided evidence that political parties may replace Functional Constituencies in terms of voicing different interests and viewpoints and hence, achieving ‘balanced participation’. Fears that the elimination of the functional election system would result in a welfare-oriented or anti-government LegCo are groundless. Existing political parties in Hong Kong promote very different positions, not least of all pro-business and progovernment interests. It may be argued that the abolition of Functional Constituencies in Hong Kong would not entail major changes in the overall political leanings of LegCo because the major political divides in Hong Kong are unlikely to change in the short term. However, the Tamar case also showed that political parties sometimes exercise a flawed representation resulting from their relative weakness in relation to the executive branch. Political parties tend to adopt stances which seek to remedy or enhance their political positioning rather than to represent the party and its constituents’ genuine views. Therefore, in order to take on the role of functional representation, parties would need to be substantially strengthened. (d) Continuing Trends The legislative records of the 2004-2006 period confirm previous research in their observations about the performance and behaviour of Functional Constituencies: Functional legislators are less participative than their geographical counterparts. Functional Constituencies encourage functional legislators to promote narrow vested interests.

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Functional legislators pursue direct sectoral interests first and, in the absence of these, vote along party lines. (e) The Way Forward The functional constituency system has evolved as a means of political control over the legislature. The system was originally put in place by the colonial administration to give business and professional interests special influence in the legislature and the system was continued by Beijing. Not surprisingly, there is a firm reluctance by some sectors to eliminate Functional Constituencies. A number of factors may gradually alter this situation. Firstly, the undertaking of electing all members of LegCo by universal suffrage stated in the Basic Law will need to be eventually implemented. Secondly, Hong Kong’s continuing stability as well as China’s ongoing political and social transformation may facilitate a further development of representative government in Hong Kong. Thirdly, the shortcomings of Functional Constituencies are becoming more thoroughly understood by the public. While a change in the form of legislative representation may be expected in the longer-term, how Functional Constituencies and the functional constituency election system can be reformed before universal and equal suffrage is achieved in Hong Kong have yet to be debated and decided upon. A senior Mainland official, while restating that Functional Constituencies were essential to the preservation of capitalism in Hong Kong, mentioned a ‘bicameral legislative system’ and ‘adequate political parties’ as potential alternatives to them: “Rashly abolishing the functional constituency electoral system in the absence of a bicameral system or political parties that can adequately represent them will surely fail to realise the principle of balanced participation or reflect the interests, opinions and demands of this group of people [i.e., businessmen] on which capitalism depends.”95 Therefore, the key challenge is to find an acceptable formula that implements universal and equal suffrage and, at the same time, preserves the salient features of Hong Kong’s political system, including the representation of special interests. In this regard, Hong Kong and Beijing should analyse whether strengthening political parties is a viable alternative to Functional Constituencies. Our view is that a system underpinned by universal and equal suffrage and adequate political party representation may well allow Hong Kong to enjoy specialist knowledge, achieve balanced participation, and maintain stability and prosperity.

Qiao Xiaoyang, Deputy Secretary-General of the Standing Committee of the National People's Congress Standing Committee, ‘Striving in a pragmatic spirit to find the right path to political development’, South China Morning Post, 29 April 2004. 32

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Annex I – Composition of the Participation Index The Participation Index (PI) used in Part I of this study comprises the following items: a. b. c. d. e.

Number of questions asked Number of motions moved Number of Council meetings attended Number of Bills Committee meetings attended Number of Panel meetings Attended

In order to weight the different inputs and obtain a more representative index, we developed particular coefficients to be applied to each of the items listed above. These coefficients result from taking the highest average as a reference value (Panel Meetings Attended) and dividing it by the particular item’s average, as shown in the following tables. Items Number of questions asked Number of motions moved Number of Council meetings attended Number of Bills Committee meetings attended Number of Panel meetings attended

Averages (AV) 04-06 10.24 2.81 34.34 19.47 59.87

Reference Value (RV) (Panel mtgs. attended)

59.87

Items Number of questions asked Number of motions moved Number of Council meetings attended Number of Bills Committee meetings attended Number of Panel meetings attended

Coefficient (RV / AV) 5.85 21.28 1.74 3.08 1.00

Then we multiplied the marks registered by each legislator under each item by the corresponding coefficient. For example, in the case of legislator Tam Heung-man these were: Number Items Questions Motions Council Meetings Bills Committee Meetings Panel Meetings Total PI

19 6 72 50

Coefficient

Participation Index 5.85 111.15 21.28 127.68 1.74 125.28 3.08 1.00

103

154.00 103.00 621.11

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Annex II – Detailed Participation Measurements96 Questions 2004-2005 Legislator Constituency Tam HeungFC man Accountancy FC - Agriculture Wong Yung-kan and Fisheries FC Architectural, Patrick Lau Surveying and Planning Sau-shing Tommy Cheung Yu-yan FC - Catering Jeffrey Lam FC - Commercial Kin-fung First Philip Wong Yu- FC - Commercial hung Second FC - District Lau Wong-fat Council Cheung Mankwong FC - Education Raymond Ho Chung-tai FC - Engineering David Li Kwokpo FC - Finance FC - Financial Chim Pui-chung Services Joseph Lee FC - Health Kok-long Services Daniel Lam FC - Heung Yee Wai-keung Kuk Wong TingFC - Import and kwong Export Andrew Leung FC - Industrial Kwan-yuen First FC - Industrial Lui Ming-wah Second FC - Information Sin Chung-kai Technology Bernard Chan FC - Insurance Kwong Chi-kin FC - Labor Li Fung-ying FC - Labor Wong Kwokhing FC - Labor Margaret Ng FC - Legal Kwok Ka-ki FC - Medical Abraham Shek FC - Real Estate Lai-him and Construction 96

Legislator Tam Heungman Wong Yungkan

3 2

2005-2006 Constituency FC Accountancy FC - Agriculture and Fisheries FC Architectural, Surveying and Planning

Patrick Lau Sau-shing Tommy Cheung Yu-yan Jeffrey Lam Kin-fung Philip Wong Yu-hung

5 2 5 0 2

Lau Wong-fat Cheung Mankwong Raymond Ho Chung-tai David Li Kwokpo Chim Puichung Joseph Lee Kok-long Daniel Lam Wai-keung Wong Tingkwong Andrew Leung Kwan-yuen

Lui Ming-wah

10 27 6 8 13 5 6

20 6 11 12

Sin Chung-kai Bernard Chan Kwong Chi-kin Li Fung-ying Wong Kwokhing Margaret Ng Kwok Ka-ki Abraham Shek Lai-him

11 4 14 19

See note 27. 34

FC - Catering FC - Commercial First FC - Commercial Second FC - District Council FC - Education

N. 16 6

4 3 5 0 10 8

FC - Engineering

FC - Finance FC - Financial Services FC - Health Services FC - Heung Yee Kuk FC - Import and Export FC - Industrial First FC - Industrial Second FC - Information Technology FC - Insurance FC - Labor FC - Labor

FC - Labor FC - Legal FC - Medical FC - Real Estate and Construction

0 20 6 9 1 2 20 6 6 5 13 2 24 9

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Fernando Cheung Chiuhung

Timothy Fok Tsun-ting Sophie Leung Lau Yau-fun Howard Young Miriam Lau Kinyee Vincent Fang Kang Audrey Eu Yuet-mee Choy So-yuk Martin Lee Chuming Rita Fan Hsu Lai-tai Yeung Sum Ma Lik Alan Leong Kah-kit Albert Cheng Jinghan Chan Kam-lam Chan Yuen-han Fred Li Wahming Frederick Fung Kin-kee James To Kunsun Jasper Tsang Yok-sing Lau Chin-shek Andrew Cheng Kar-foo Emily Lau Waihing James Tien Pei-chun Lau Kong-wah Leung Kwokhung Li Kwok-ying

FC - Social Welfare FC - Sports, Performing Arts, Culture and Publishing FC - Textiles and Garment FC - Tourism FC - Transport FC - Wholesale and Retail GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New

Fernando Cheung Chiuhung

Timothy Fok Tsun-ting Sophie Leung Lau Yau-fun Howard Young Miriam Lau Kin-yee Vincent Fang Kang Audrey Eu Yuet-mee

0 2 18 7 5 10 24

Choy So-yuk Martin Lee Chu-ming Rita Fan Hsu Lai-tai

6 N/A 8

Yeung Sum

Ma Lik Alan Leong Kah-kit Albert Cheng Jinghan

10 4 5

Chan Kam-lam Chan Yuenhan Fred Li Wahming Frederick Fung Kin-kee James To Kunsun Jasper Tsang Yok-sing

15 11 24 8 14 2

Lau Chin-shek Andrew Cheng Kar-foo Emily Lau Waihing James Tien Pei-chun

11 32 8 32

Lau Kong-wah Leung Kwokhung Li Kwok-ying

6 22 35

2 2 18 5 3 15 23 8 N/A 9 11 4 9 5 11 15 24 8 0 5 16 23 8 24 5 19

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Ronny Tong Ka-wah Albert Chan Wai-yip Albert Ho Chunyan Cheung Hokming Lee Cheuk-yan Lee Wing-tat Leung Yiuchung Selina Chow Liang Shuk-yee Tam Yiu-chung

Territories East GC - New Territories East GC - New Territories West GC - New Territories West GC - New Territories West GC - New Territories West GC - New Territories West GC - New Territories West GC - New Territories West GC - New Territories West

Ronny Tong Ka-wah Albert Chan Wai-yip Albert Ho Chun-yan Cheung Hokming

6 25 10 16 7

Lee Cheuk-yan

Lee Wing-tat Leung Yiuchung Selina Chow Liang Shuk-yee

Tam Yiu-chung

8 22 7 17 7 15 22 4 8

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Motions and Amendments 2004-2005 Legislator Constituency Tam HeungFC man Accountancy FC - Agriculture Wong Yung-kan and Fisheries FC Architectural, Patrick Lau Surveying and Sau-shing Planning Tommy Cheung Yu-yan FC - Catering Jeffrey Lam FC - Commercial Kin-fung First Philip Wong Yu- FC - Commercial hung Second FC - District Lau Wong-fat Council Cheung Mankwong FC - Education Raymond Ho Chung-tai FC - Engineering David Li Kwokpo FC - Finance FC - Financial Chim Pui-chung Services Joseph Lee FC - Health Kok-long Services Daniel Lam FC - Heung Yee Wai-keung Kuk Wong TingFC - Import and kwong Export Andrew Leung FC - Industrial Kwan-yuen First FC - Industrial Lui Ming-wah Second FC - Information Technology Sin Chung-kai Bernard Chan FC - Insurance Kwong Chi-kin FC - Labor Li Fung-ying FC - Labor Wong Kwokhing FC - Labor Margaret Ng FC - Legal Kwok Ka-ki FC - Medical Abraham Shek FC - Real Estate Lai-him and Construction Fernando Cheung ChiuFC - Social hung Welfare

Legislator Tam Heungman Wong Yungkan

1 2

2005-2006 Constituency FC Accountancy FC - Agriculture and Fisheries FC Architectural, Surveying and Planning

Patrick Lau Sau-shing Tommy Cheung Yu-yan Jeffrey Lam Kin-fung Philip Wong Yu-hung

3 5 1 0 0

Lau Wong-fat Cheung Mankwong Raymond Ho Chung-tai David Li Kwokpo Chim Puichung Joseph Lee Kok-long Daniel Lam Wai-keung Wong Tingkwong Andrew Leung Kwan-yuen

Lui Ming-wah

2 1 1 1

Sin Chung-kai Bernard Chan Kwong Chi-kin Li Fung-ying Wong Kwokhing Margaret Ng Kwok Ka-ki Abraham Shek Lai-him Fernando Cheung Chiuhung

4 1 2 0 2 2 1

9 1 4 0

N. 5 2

FC - Catering FC - Commercial First FC - Commercial Second FC - District Council

FC - Education

FC - Engineering

FC - Labor FC - Legal FC - Medical FC - Real Estate and Construction

5 1 5

FC - Social Welfare

3 1 0

0 1 0 2 2 0 9 1 2 1

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Timothy Fok Tsun-ting Sophie Leung Lau Yau-fun Howard Young Miriam Lau Kinyee Vincent Fang Kang Audrey Eu Yuet-mee Choy So-yuk Martin Lee Chuming Rita Fan Hsu Lai-tai Yeung Sum Alan Leong Kah-kit Albert Cheng Jinghan Chan Kam-lam Chan Yuen-han Fred Li Wahming Frederick Fung Kin-kee James To Kunsun Jasper Tsang Yok-sing Lau Chin-shek Ma Lik Andrew Cheng Kar-foo Emily Lau Waihing James Tien Pei-chun Lau Kong-wah Leung Kwokhung Li Kwok-ying Ronny Tong Ka-wah

FC - Sports, Performing Arts, Culture and Publishing FC - Textiles and Garment FC - Tourism FC - Transport FC - Wholesale and Retail GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - Hong Kong Island GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East

Timothy Fok Tsun-ting Sophie Leung Lau Yau-fun Howard Young Miriam Lau Kin-yee Vincent Fang Kang Audrey Eu Yuet-mee

0 12 2 4 3 1 4

Choy So-yuk Martin Lee Chu-ming Rita Fan Hsu Lai-tai

3 N/A 4

Yeung Sum Alan Leong Kah-kit Albert Cheng Jinghan

4 4 6

Chan Kam-lam Chan Yuenhan Fred Li Wahming Frederick Fung Kin-kee James To Kunsun Jasper Tsang Yok-sing

Lau Chin-shek

Ma Lik Andrew Cheng Kar-foo Emily Lau Waihing James Tien Pei-chun

5 5 3 3

8 3 3 3

Lau Kong-wah Leung Kwokhung

1 1

Li Kwok-ying Ronny Tong Ka-wah

3 38

FC - Sports, Performing Arts, Culture and Publishing FC - Textiles and Garment FC - Tourism FC - Transport FC - Wholesale and Retail GC – Hong Kong Island GC – Hong Kong Island GC – Hong Kong Island GC – Hong Kong Island GC – Hong Kong Island GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - Hong Kong Island GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East

0 1 3 4 4 1 3 1 N/A 4 4 8 5 6 5 6 3 2 0 1 9 1 3 2 1 4 2

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Albert Chan Wai-yip Albert Ho Chunyan Cheung Hokming Lee Cheuk-yan Lee Wing-tat Leung Yiuchung Selina Chow Liang Shuk-yee Tam Yiu-chung

GC - New Territories West GC - New Territories West GC - New Territories West GC - New Territories West GC - New Territories West GC - New Territories West GC - New Territories West GC - New Territories West

Albert Chan Wai-yip Albert Ho Chun-yan Cheung Hokming

Lee Cheuk-yan

Lee Wing-tat Leung Yiuchung Selina Chow Liang Shuk-yee

Tam Yiu-chung

1 5

2 1 4 2 5 5 1 1

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Council Meeting Attendance

Legislator

2004-2005 Constituency

Tam Heung-man Wong Yung-kan

Patrick Lau Saushing Tommy Cheung Yu-yan Jeffrey Lam Kinfung Philip Wong Yuhung Lau Wong-fat Cheung Mankwong Raymond Ho Chung-tai David Li Kwokpo Chim Pui-chung Joseph Lee Koklong Daniel Lam Waikeung Wong Tingkwong Andrew Leung Kwan-yuen Lui Ming-wah Sin Chung-kai Bernard Chan Kwong Chi-kin Li Fung-ying Wong Kwokhing Margaret Ng Kwok Ka-ki Abraham Shek Lai-him Fernando Cheung Chiuhung

FC - Accountancy FC - Agriculture and Fisheries FC - Architectural, Surveying and Planning

N. 37 30

FC - Catering FC - Commercial First FC - Commercial Second FC - District Council

FC - Education

FC - Engineering

FC - Labor FC - Legal FC - Medical FC - Real Estate and Construction

36 36 37

FC - Social Welfare

2005-2006 Legislator Constituency Tam Heungman FC - Accountancy FC - Agriculture Wong Yung-kan and Fisheries FC Architectural, Patrick Lau Surveying and Sau-shing Planning Tommy Cheung Yu-yan FC - Catering Jeffrey Lam Kin- FC - Commercial fung First Philip Wong Yu- FC - Commercial hung Second FC - District Lau Wong-fat Council Cheung Mankwong FC - Education Raymond Ho Chung-tai FC - Engineering David Li Kwokpo FC - Finance FC - Financial Chim Pui-chung Services Joseph Lee FC - Health Kok-long Services Daniel Lam FC - Heung Yee Wai-keung Kuk Wong TingFC - Import and kwong Export Andrew Leung FC - Industrial Kwan-yuen First FC - Industrial Lui Ming-wah Second FC - Information Technology Sin Chung-kai Bernard Chan FC - Insurance Kwong Chi-kin FC - Labor Li Fung-ying FC - Labor Wong Kwokhing FC - Labor Margaret Ng FC - Legal Kwok Ka-ki FC - Medical Abraham Shek FC - Real Estate Lai-him and Construction Fernando Cheung ChiuFC - Social hung Welfare

35 34 35

37 35 36 36 33 36 36 36 36 35

N. 38 36

38 38 39 38 36 39 38 32 39 38 39 37 39 39 35 38 39 36 39 38 38 35

Past and Future Justifications for Functional Constituencies – An analysis through the performance of functional constituency legislators in 2004-2006

Timothy Fok Tsun-ting Sophie Leung Lau Yau-fun Howard Young Miriam Lau Kinyee Vincent Fang Kang Audrey Eu Yuetmee Choy So-yuk Martin Lee Chuming Rita Fan Hsu Lai-tai Yeung Sum Ma Lik Alan Leong Kahkit Albert Cheng Jinghan Chan Kam-lam Chan Yuen-han Fred Li Wahming Frederick Fung Kin-kee James To Kunsun Jasper Tsang Yok-sing Lau Chin-shek Andrew Cheng Kar-foo Emily Lau Waihing James Tien Peichun Lau Kong-wah Leung Kwokhung Li Kwok-ying Ronny Tong Kawah

FC - Sports, Performing Arts, Culture and Publishing FC - Textiles and Garment FC - Tourism FC - Transport FC - Wholesale and Retail GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East

Timothy Fok Tsun-ting Sophie Leung Lau Yau-fun Howard Young Miriam Lau Kinyee Vincent Fang Kang Audrey Eu Yuet-mee

30 29 34 34

FC - Sports, Performing Arts, Culture and Publishing FC - Textiles and Garment FC - Tourism

FC - Transport FC - Wholesale and Retail GC – Hong Kong Island GC – Hong Kong Choy So-yuk Island Martin Lee Chu- GC – Hong Kong ming Island Rita Fan Hsu GC – Hong Kong Lai-tai Island GC – Hong Kong Yeung Sum Island Alan Leong GC - Kowloon Kah-kit East Albert Cheng GC - Kowloon Jinghan East GC - Kowloon Chan Kam-lam East GC - Kowloon Chan Yuen-han East Fred Li WahGC - Kowloon ming East Frederick Fung GC - Kowloon Kin-kee West James To Kun- GC - Kowloon sun West Jasper Tsang GC - Kowloon Yok-sing West GC - Kowloon Lau Chin-shek West GC - Hong Kong Ma Lik Island Andrew Cheng GC - New Kar-foo Territories East Emily Lau WaiGC - New hing Territories East James Tien Pei- GC - New chun Territories East GC - New Lau Kong-wah Territories East Leung KwokGC - New hung Territories East GC - New Li Kwok-ying Territories East Ronny Tong Ka- GC - New wah Territories East

36 36 35 36 38 35 29 37 38 37 36 35 36 36 35 33 36 34 37 35 36 36 37 41

27 37 38 39 38 38 37 34 39 38 39 34 39 38 39 36 37 39 33 26 37 37 37 37 36 37 35

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Albert Chan Wai-yip Albert Ho Chunyan Cheung Hokming Lee Cheuk-yan Lee Wing-tat Leung Yiuchung Selina Chow Liang Shuk-yee Tam Yiu-chung

Albert Chan Wai-yip Albert Ho Chunyan Cheung Hokming

Lee Cheuk-yan

Lee Wing-tat Leung Yiuchung Selina Chow Liang Shuk-yee

Tam Yiu-chung

35 37

37 38 38 37 39 36 37 36

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Bill Committee Meeting Attendance 2004-2005 Legislator Constituency Tam HeungFC man Accountancy FC - Agriculture Wong Yung-kan and Fisheries FC Architectural, Patrick Lau Surveying and Sau-shing Planning Tommy Cheung Yu-yan FC - Catering Jeffrey Lam FC - Commercial Kin-fung First Philip Wong Yu- FC - Commercial hung Second FC - District Lau Wong-fat Council Cheung Mankwong FC - Education Raymond Ho Chung-tai FC - Engineering David Li Kwokpo FC - Finance FC - Financial Chim Pui-chung Services Joseph Lee FC - Health Kok-long Services Daniel Lam FC - Heung Yee Wai-keung Kuk Wong TingFC - Import and kwong Export Andrew Leung FC - Industrial Kwan-yuen First FC - Industrial Lui Ming-wah Second FC - Information Technology Sin Chung-kai Bernard Chan FC - Insurance Kwong Chi-kin FC - Labor Li Fung-ying FC - Labor Wong Kwokhing FC - Labor Margaret Ng FC - Legal Kwok Ka-ki FC - Medical Abraham Shek FC - Real Estate Lai-him and Construction Fernando Cheung ChiuFC - Social hung Welfare

Legislator Tam Heungman Wong Yungkan

12 6

2005-2006 Constituency FC Accountancy FC - Agriculture and Fisheries FC Architectural, Surveying and Planning

Patrick Lau Sau-shing Tommy Cheung Yu-yan Jeffrey Lam Kin-fung Philip Wong Yu-hung

12 11 9 5 3

Lau Wong-fat Cheung Mankwong Raymond Ho Chung-tai David Li Kwokpo Chim Puichung Joseph Lee Kok-long Daniel Lam Wai-keung Wong Tingkwong Andrew Leung Kwan-yuen

Lui Ming-wah

22 10 18 15

Sin Chung-kai Bernard Chan Kwong Chi-kin Li Fung-ying Wong Kwokhing Margaret Ng Kwok Ka-ki Abraham Shek Lai-him Fernando Cheung Chiuhung

12 10 4 7 7 6 29

10 21 8 10

FC - Catering FC - Commercial First FC - Commercial Second FC - District Council FC - Education

N. 38 14

42 21 65 24 0 3

FC - Engineering

FC - Labor FC - Legal FC - Medical FC - Real Estate and Construction

32 52 23

FC - Social Welfare

26 15 15 58 73 27 57 23 28 35

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

FC - Sports, Performing Arts, Culture and Publishing FC - Textiles and Garment FC - Tourism FC - Transport FC - Wholesale and Retail GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East

Timothy Fok Tsun-ting Sophie Leung Lau Yau-fun Howard Young Miriam Lau Kin-yee Vincent Fang Kang Audrey Eu Yuet-mee

2 6 13 33 12 42 5

Choy So-yuk Martin Lee Chu-ming Rita Fan Hsu Lai-tai

6 N/A 8

Yeung Sum

Ma Lik Alan Leong Kah-kit Albert Cheng Jinghan

5 7 26

Chan Kam-lam Chan Yuenhan Fred Li Wahming Frederick Fung Kin-kee James To Kunsun Jasper Tsang Yok-sing

19 11 2 7 13 0

Lau Chin-shek Andrew Cheng Kar-foo Emily Lau Waihing James Tien Pei-chun

4 4 10 11

Lau Kong-wah Leung Kwokhung

0 15

Li Kwok-ying Ronny Tong Ka-wah

32 44

FC - Sports, Performing Arts, Culture and Publishing FC - Textiles and Garment FC - Tourism FC - Transport FC - Wholesale and Retail GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East

19 10 55 39 35 75 22 13 N/A 4 4 30 16 51 36 4 0 10 22 0 32 60 27 18 12 44 59

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Albert Chan Wai-yip Albert Ho Chunyan Cheung Hokming Lee Cheuk-yan Lee Wing-tat Leung Yiuchung Selina Chow Liang Shuk-yee Tam Yiu-chung

Albert Chan Wai-yip Albert Ho Chun-yan Cheung Hokming

Lee Cheuk-yan

Lee Wing-tat Leung Yiuchung Selina Chow Liang Shuk-yee

Tam Yiu-chung

4 26

13 25 14 42 14 0 41 6

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Panel Meeting Attendance 2004-2005 Legislator Constituency Tam HeungFC man Accountancy FC - Agriculture Wong Yung-kan and Fisheries FC Architectural, Patrick Lau Surveying and Sau-shing Planning Tommy Cheung Yu-yan FC - Catering Jeffrey Lam FC - Commercial Kin-fung First Philip Wong Yu- FC - Commercial hung Second FC - District Lau Wong-fat Council Cheung Mankwong FC - Education Raymond Ho Chung-tai FC - Engineering David Li Kwokpo FC - Finance FC - Financial Chim Pui-chung Services Joseph Lee FC - Health Kok-long Services Daniel Lam FC - Heung Yee Wai-keung Kuk Wong TingFC - Import and kwong Export Andrew Leung FC - Industrial Kwan-yuen First FC - Industrial Lui Ming-wah Second FC - Information Technology Sin Chung-kai Bernard Chan FC - Insurance Kwong Chi-kin FC - Labor Li Fung-ying FC - Labor Wong Kwokhing FC - Labor Margaret Ng FC - Legal Kwok Ka-ki FC - Medical Abraham Shek FC - Real Estate Lai-him and Construction Fernando Cheung ChiuFC - Social hung Welfare

Legislator Tam Heungman Wong Yungkan

57 69

2005-2006 Constituency FC Accountancy FC - Agriculture and Fisheries FC Architectural, Surveying and Planning

Patrick Lau Sau-shing Tommy Cheung Yu-yan Jeffrey Lam Kin-fung Philip Wong Yu-hung

100 106 86 26 30

Lau Wong-fat Cheung Mankwong Raymond Ho Chung-tai David Li Kwokpo Chim Puichung Joseph Lee Kok-long Daniel Lam Wai-keung Wong Tingkwong Andrew Leung Kwan-yuen

Lui Ming-wah

61 81 60 66

Sin Chung-kai Bernard Chan Kwong Chi-kin Li Fung-ying Wong Kwokhing Margaret Ng Kwok Ka-ki Abraham Shek Lai-him Fernando Cheung Chiuhung

67 81 22 60 38 42 59

82 44 60 93

N. 46 65

FC - Catering FC - Commercial First FC - Commercial Second FC - District Council

FC - Education

FC - Engineering

FC - Labor FC - Legal FC - Medical FC - Real Estate and Construction

52 52 62

FC - Social Welfare

69 23 25

50 29 33 57 65 47 56 73 55 86

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

FC - Sports, Performing Arts, Culture and Publishing FC - Textiles and Garment FC - Tourism FC - Transport FC - Wholesale and Retail GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East

Timothy Fok Tsun-ting Sophie Leung Lau Yau-fun Howard Young Miriam Lau Kin-yee Vincent Fang Kang Audrey Eu Yuet-mee

39 42 61 73 71 82 68

Choy So-yuk Martin Lee Chu-ming Rita Fan Hsu Lai-tai

38 N/A 65

Yeung Sum

Ma Lik Alan Leong Kah-kit Albert Cheng Jinghan

57 84 65

Chan Kam-lam Chan Yuenhan Fred Li Wahming Frederick Fung Kin-kee James To Kunsun Jasper Tsang Yok-sing

66 71 62 90 57 36

Lau Chin-shek Andrew Cheng Kar-foo Emily Lau Waihing James Tien Pei-chun

89 87 59 62

Lau Kong-wah Leung Kwokhung

64 97

Li Kwok-ying Ronny Tong Ka-wah

36 47

FC - Sports, Performing Arts, Culture and Publishing FC - Textiles and Garment FC - Tourism FC - Transport FC - Wholesale and Retail GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Hong Kong Island GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon East GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - Kowloon West GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East GC - New Territories East

34 49 70 72 54 69 61 37 N/A 52 27 67 60 57 46 59 28 78 50 36 66 92 70 53 58 50 50

Past and Future Justifications for Functional Constituencies â&#x20AC;&#x201C; An analysis through the performance of functional constituency legislators in 2004-2006

Albert Chan Wai-yip Albert Ho Chunyan Cheung Hokming Lee Cheuk-yan Lee Wing-tat Leung Yiuchung Selina Chow Liang Shuk-yee Tam Yiu-chung

Albert Chan Wai-yip Albert Ho Chun-yan Cheung Hokming

Lee Cheuk-yan

Lee Wing-tat Leung Yiuchung Selina Chow Liang Shuk-yee

Tam Yiu-chung

100 93

58 74 57 61 65 37 60 68