Hong Kong Basic Law Article 45 () is an article in the Basic Law of

Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a List of cities in China, city and Special administrative regions of China, special ...

. It states that the

Chief executive A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...

should be chosen by

universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political sta ...

upon nomination by a broadly representative

nominating committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...

as an eventual goal.

Content of Article 45

Article 45 gives the requirements for choosing the Chief Executive: Details of procedures to be adopted are found in Annex I to the Basic Law where the same expression "broadly representative" is used to describe the constituency of the Election Committee notwithstanding its only representing a tiny section of the total number of registered electors.

Background

Paragraph 3 of Annex I Section I of the

Sino-British Joint Declaration The Sino-British Joint Declaration is a treaty between the governments of the United Kingdom and China signed in 1984 setting the conditions in which Hong Kong was transferred to Chinese control and for the governance of the territory after ...

provides the corresponding backing for art.45: The earlier version of Article 45, from December 1987 (Article 45 in 1987), contained the details of the methods for selecting the Chief Executive, which was put in the Annex I to the April 1988 version and then in the enacted version. The

Hong Kong Basic Law Consultative Committee The Hong Kong Special Administrative Region Basic Law Consultative Committee (BLCC; 香港基本法諮詢委員會) was an official body established in 1985 to canvass views in Hong Kong on the drafts of the Hong Kong Basic Law. Background The f ...

noted that opinions were expressed on several areas of the article, including whether the Chief Executive should be appointed by the Central People's Government; that consultation is not as democratic as direct or indirect elections; and that the clause “in accordance with the principle of gradual and orderly progress” is vague and difficult to define legally.

Controversy

The focus of initial controversy was on the timetable for progress towards universal suffrageNews.gov.hk.
News.gov.hk
." ''Dialogue, consensus, key to reform. Article 19 May 2004.'' Retrieved on 2008-01-08. but, having extracted a promise of a timetable of reform (2016 for the legislature and 2017 for the Chief Executive) heated debate ensued over the details of the election systems to be employed. Positions on both sides hardened in early 2013, with the newly appointed chairman of the PRC government's Law Committee,

Qiao Xiaoyang Qiao Xiaoyang (born 1945) is the former chairman of the Hong Kong SAR Basic Law Committee of the 11th National People's Congress. Biography Qiao was born in Hubei province in 1945. He was graduated from the Beijing Language and Culture Universit ...

, espousing hard-to-define pre-conditions on CE candidature, ("love China and Hong Kong" and "not oppose the Central Government") including declaring that Beijing would refuse to appoint an unsupportive Hong Kong CE even if democratically elected. Pro-democracy groups formed the Alliance for True Democracy in support of the

Occupy Central with Love and Peace Occupy Central with Love and Peace (OCLP) was a single-purpose Hong Kong civil disobedience campaign initiated by Reverend Chu Yiu-ming, Benny Tai and Chan Kin-man on 27 March 2013. The campaign was launched on 24 September 2014, partially lea ...

protest movement, devised by

University of Hong Kong The University of Hong Kong (HKU) (Chinese: 香港大學) is a public research university in Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hon ...

Associate Professor Associate professor is an academic title with two principal meanings: in the North American system and that of the ''Commonwealth system''. Overview In the '' North American system'', used in the United States and many other countries, it is ...

Benny Tai, demanding unconditional universal suffrage.

Content of Article 45

Background

Controversy

References

See also