Chief Executive of Hong Kong

According to article 44 of the Basic Law, the chief executive must be a Chinese citizen as defined by the HKSAR Passports Ordinance."[http://www.basiclaw.gov.hk/en/basiclawtext/images/Basic_Law.pdf HK Basic law] {{webarchive |url=https://web.archive.org/web/20120225073814/http://www.basiclaw.gov.hk/en/basiclawtext/images/Basic_Law.pdf |date=25 February 2012 }}." Basiclaw.org.hk. Retrieved 28 March 2010."[http://www.eac.gov.hk/pdf/chief/en/2007_CE_Guidelines/CE_Chap03.pdf Nomination of Candidates]" {{webarchive |url=https://web.archive.org/web/20120225034722/http://www.eac.gov.hk/pdf/chief/en/2007_CE_Guidelines/CE_Chap03.pdf |date=25 February 2012 }}." HK Electoral Affairs Commission. Retrieved 28 March 2010. The individual must be at least 40 years old, a Hong Kong permanent resident who is a Chinese citizen with right of abode in Hong Kong, and has ordinarily resided in Hong Kong for a continuous period of not less than 20 years. Article 47 further requires that the chief executive be a person of integrity, dedicated to his or her duties. In addition, candidates are ineligible to stand for selection by the Election Committee without first obtaining nominations from one eighth of its total members.

{{main|Elections in Hong Kong}}

The specific method for selecting the chief executive is prescribed in Annex I of the Basic Law. The Election Committee shall be composed of 1500 members from the following sectors pursuant to the amended Annex I under the 2021 Hong Kong electoral changes initiated by the National People's Congress. The Election Committee consists of individuals (i.e. private citizens) and representatives of bodies (i.e. special interest groups or corporate bodies) selected or elected by 40 prescribed sub-sectors as stipulated in Annex I to the Basic Law.

{{main|Election Committee}}

The Election Committee is responsible for the nomination of chief executive candidates and election of the chief executive-elect. Under the 2021 Hong Kong electoral changes initiated by the National People's Congress, each candidate running for chief executive elections is to be nominated by at least 188 members of the Election Committee, before their eligibility is reviewed and confirmed by the Candidate Eligibility Review Committee of the HKSAR. The chief executive-designate is then returned by the Election Committee with an absolute majority.{{cite web |title=Chief Executive Election Ordinance (Cap. 569) |url=https://www.elegislation.gov.hk/hk/cap569 |website=Hong Kong e-Legislation |access-date=4 February 2022}}

The Election Committee is now principally elected by body voters. The number of subsectors with individual votes were significantly reduced, together with elimination of mixed individual and body voting:

• Half of seats (150 seats) in Sector III are nominated by members of national professional organisations or filled by ex officio members;
• District Council subsectors were replaced by subsectors consisting of government-appointed representatives of members of Area Committees, District Fight Crime Committees, and District Fire Safety Committees;
• All NPC and CPPCC sectors serve as ex officio EC members; and
• subsectors consisting of grassroot organisations, associations of Chinese Fellow Townsmen, associations of Hong Kong residents in Mainland and Hong Kong members of relevant national organisations were introduced.

Chief Executive candidates must receive nominations by at least 188 members of the Election Committee, with nomination by at least 15 members of each sector of the Election Committee. Candidacy is confirmed upon review and confirmation of eligibility by the Candidate Qualification Review Committee, according to opinions issued by the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region on the basis of a review by the National Security Department of the Hong Kong Police Force on whether a candidate meets the legal requirements and conditions of upholding the Basic Law and swearing allegiance to the HKSAR of the People's Republic of China.

The Chief Executive-designate is then returned by the Election Committee with an absolute majority in a two-round system:{{cite web|title=Cap. 569 Chief Executive Election Ordinance|url=https://www.elegislation.gov.hk/hk/cap569!en?INDEX_CS=N&xpid=ID_1438403454708_002|work=Hong Kong e-Legislation}}

The chief executive-designate must publicly disaffiliate with a political party within seven days of the election and must not become a member of a party during their term of office. The chief executive-designate is then appointed by the Central People's Government of the People's Republic of China before taking office.

In the first selection of the chief executive, the committee consisted of only 400 members. It was expanded to 800 for the second term.Chan, Ming K. [1997] (1997). The Challenge of Hong Kong's Reintegration With China. Hong Kong University Press. Hong Kong (China). {{ISBN|962-209-441-4}}."[http://hongkong.usconsulate.gov/ushk_pa_2000040101.html United States Hong Kong Policy Act Report.] {{webarchive|url=https://web.archive.org/web/20100527120916/http://hongkong.usconsulate.gov/ushk_pa_2000040101.html |date=27 May 2010 }}''. US Consulate Hong Kong. Retrieved 28 March 2010. As a result of enabling legislation stemming from a public consultation in 2010,{{Cite web |url=https://www.news.gov.hk/isd/ebulletin/en/category/administration/100629/html/100629en01003.htm |title=Consent signed for draft Basic Law amendments |date=29 June 2010 |website=Admin & Civic Affairs |publisher=Government of Hong Kong}} and its approval by the National People's Congress Standing Committee in Beijing, the number of representatives was increased from 800 to 1200.Lee, Diana (30 August 2010) [http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=102302&sid=29411525&con_type=1&d_str=20100830&sear_year=2010 "Electoral changes nearer as NPC gives green light"] {{webarchive |url=https://web.archive.org/web/20121011074105/http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=102302&sid=29411525&con_type=1&d_str=20100830&sear_year=2010 |date=11 October 2012 }} Following the electoral reform initiated by the Chinese government in 2021 to increase mainland-Chinese controls on Hong Kong, the number of representatives was increased to 1500 but most are appointed or ex-officio seats.

According to article 46 the term of office of the chief executive is five years with a maximum of two consecutive terms. If a vacancy occurs mid-term, the new Chief Executive's first term is for the remainder of the previous Chief Executive's term only. The method of selecting the chief executive is provided under Article 45 and Annex I of the Basic Law, and the Chief Executive Election Ordinance.

Under the Basic Law the chief executive is the chief representative of the people of Hong Kong and is the head of the government of Hong Kong. The Chief Executive's powers and functions include leading the government, implementing the law, signing bills and budgets passed by the Legislative Council, deciding on government policies, advising appointment and dismissal of principal officials of the Government of Hong Kong to the Central People's Government of China, appointing judges and holders of certain public offices and to pardon or commute sentences. The position is also responsible for the policy address made to the public.

The chief executive's powers and functions are established by article 48 of the Basic Law.

The Executive Council of Hong Kong is an organ for assisting the chief executive in policy-making.{{Cite web |url=http://www.ceo.gov.hk/exco/eng/index.htm |title=Executive Council |website=Executive Council |access-date=28 March 2010}} The council is consulted before making important policy decisions, introducing bills to the Legislative Council, making subordinate legislation or dissolving the Legislative Council.

{{Main|Hong Kong Basic Law Article 46#Resignation and Impeachment}}

Article 52 of the Basic Law stipulates that the Chief Executive must resign when:

• the Chief Executive loses the ability to discharge his or her duties as a result of serious illness or other reasons;
• the Chief Executive refuses to sign a bill passed by a two-thirds majority of a re-elected Legislative Council, after the Legislative Council is dissolved; or
• the Legislative Council refuses to pass the budget or any other important bill for a second time after the Legislative Council is dissolved.

{{Main|Impeachment and no-confidence motions in Hong Kong}}

The Legislative Council has the power to propose a motion of impeachment of the chief executive for decision by the Central People's Government of China, with the following steps as stipulated in article 73(9) of the Basic Law:{{cite web |title=Chapter 4 of the Basic Law of HKSAR |url=https://www.basiclaw.gov.hk/en/basiclaw/chapter4.html |website=Basic Law |access-date=5 February 2022}}

• One-fourth of all Legislative Council (LegCo) members can jointly initiate a motion, charging the chief executive with serious breach of law or dereliction of duty;
• the motion for investigation passed by simple majority of votes of each of the two groups of members present;{{NoteTag|First Group: Members returned by the Election Committee;

Second Group: Members returned by Functional Constituencies and by Geographical Constituencies.}}

• the Chief Justice of the Court of Final Appeal is mandated to form and chair an independent investigation committee for carrying out the investigation and reporting its findings to LegCo;
• the independent investigation committee considers the evidence sufficient to substantiate such charges;
• a two-thirds majority of all LegCo members passes the motion of impeachment;
• the motion of impeachment is reported to the Central People's Government of China for decision.

The acting and succession line is spelled out in article 53. If the chief executive is not able to discharge his or her duties for short periods (such as during overseas visits), the duties would be assumed by the chief secretary for administration, the financial secretary or the secretary for justice, by rotation, in that order, as acting chief executive. In case the position becomes vacant, a new chief executive would have to be selected.{{Cite press release |title=Acting Chief Executive's opening statement |date=12 March 2005 |publisher=Government of the Hong Kong Special Administrative Region |url=http://www.info.gov.hk/gia/general/200503/12/03120300.htm |access-date=28 March 2010}}

File:HK Government House 2005.jpg, official residence of the chief executive]]

Prior to the handover in 1997, the office of the chief executive-designate was at the seventh floor of the Asia Pacific Finance Tower.Legco.gov.hk. "[http://www.legco.gov.hk/yr97-98/english/fc/fc/minutes/fcmn2307.htm HEAD 21 – CHIEF EXECUTIVE'S OFFICE]." Retrieved on 28 March 2010. When Tung Chee-hwa assumed duty on 1 July 1997, the office of the chief executive was located at the fifth floor of the Former Central Government Offices (Main Wing).Harbourdistrict.com.hk. "[http://www.harbourdistrict.com.hk/enews/20041118/CruiseTerminals_final_v3.pdf Harbourdistrict.com.hk]." Sample letter with address. Retrieved on 28 March 2010. In the past the governor had his office at Government House. Tung did not use Government House as the primary residence because he lived at his own residence at Grenville House.{{Cite web |url=http://theater.nytimes.com/specials/hongkong/archive/121296hongkong-leader.html |title=Tung Chee-hwa: Shipping Tycoon Chosen to Govern Hong Kong |website=The New York Times |access-date=28 March 2010}} Donald Tsang decided to return to the renovated Government House during his first term, and moved in on 12 January 2006, for both his office and residence.{{Cite press release |title=CE moves into Government House today |date=12 January 2006 |publisher=The Government of the Hong Kong Special Administrative Region |url=http://www.info.gov.hk/gia/general/200601/12/P200601110210.htm |access-date=28 March 2010}} In 2011, the office of the chief executive moved to the low block of the new Central Government Complex in Tamar. Government House continues to serve as the official residence of the Chief Executive.

Upon retirement, former Chief Executives have access to office space at the Office of Former Chief Executives, 28 Kennedy Road.{{cite web|url=https://www.flickr.com/photos/61422138@N04/7042580161/ |script-title=zh:28 Kennedy Road 堅尼地道28號 / 皇仁書院 / 金文泰中學 圖說香港歷史建築|work=Flickr|date=3 April 2012|access-date=4 October 2014}} The office provides administrative support to former Chief Executives to perform promotional, protocol-related, or any other activities in relation to their former official role. The activities include receiving visiting dignitaries and delegations, giving local and overseas media interviews, and taking part in speaking engagements.{{cite web|url=http://www.admwing.gov.hk/eng/links/fceo.htm|title=Administration Wing, Chief Secretary for Administration's Office – Office of Former Chief Executives|date=17 January 2011|access-date=4 October 2014}} A chauffeur-driven car is provided to discharge promotional and protocol-related functions.

Depending on police risk assessment, personal security protection is provided. Former Chief Executives also enjoy medical and dental care.{{Cite press release |title=HKSAR Government adopts report by Independent Commission on Remuneration Package for CE |date=14 June 2005 |publisher=Constitutional and Mainland Affairs Bureau |url=http://www.cmab.gov.hk/en/press/press_351.htm |access-date=4 October 2014}}

Former Chief Executives hold the title "The Honourable", and rank third in the Hong Kong order of precedence.

Remuneration for the chief executive of Hong Kong is among the highest in the world for a political leader, and only second to that of the prime minister of Singapore. The pay level took a cue from the handsome amounts paid to the city's colonial governors – worth $273,000 per annum plus perks in 1992.{{Cite web |url=http://qz.com/331191/hong-kongs-little-loved-leader-is-one-of-the-worlds-best-paid-politicians/ |title=Hong Kong's little-loved leader is one of the world's best-paid politicians |last=Timmons |first=Heather |date=23 January 2015 |website=Quartz}}

In 2005, Tung Chee Hwa received some HK$3 million ($378,500) in pay as Chief Executive. From 2009 until the end of 2014, the salary for the job stood at HK$4.22 million. In January 2015, Leung Chun-Ying reversed a pay freeze imposed in 2012, resulting in its increase to HK$4.61 million ($591,000).{{Cite web |url=http://www.ejinsight.com/20150119-leung-under-fire-over-lifting-of-pay-freeze-on-himself-and-top-team/ |title=Leung under fire for lifting pay freeze on himself, top team |date=19 January 2015 |website=Ejinsight}}

In July 2017, directors of bureaux (DoBs) were approved to have a 12.4% pay rise and the 3.5% pay differential between secretaries of departments (SoDs) and DoBs remained,{{Cite press release |title=Remuneration package for Politically Appointed Officials serving in fifth-term HKSAR Government |date=12 December 2016 |publisher=The Government of the Hong Kong Special Administrative Region Press Releases |url=http://www.info.gov.hk/gia/general/201612/12/P2016121200324.htm |access-date=2018-02-11}} indicating a new annual pay of approximately HK$5 million for the city's leading role because the Chief Executive received a salary of 112% of the Chief Secretary. The new salary of Chief Executive of Hong Kong is about thirty-nine times more than the annual salary of President of China.{{Cite news |url=http://hk.on.cc/hk/bkn/cnt/news/20170326/bkn-20170326124008398-0326_00822_001.html |title=Lín zhèng dāngxuǎn: Niánxīn jìn 500 wàn yuán xiǎng yōuhòu fúlì |date=26 March 2017 |work=on.cc |access-date=2018-02-11 |language=zh-hk |script-title=zh:林鄭當選：年薪近500萬元 享優厚福利 |trans-title=Lin Zheng elected: annual salary of nearly 5 million yuan, enjoy generous benefits}}

Since the chief executive is directly appointed by the Central People's Government of China{{Cite news |last=Cheung |first=Gary |url=https://www.scmp.com/news/hong-kong/article/2184174/beijing-says-no-hong-kong-leaders-plan-strengthen-citys |title=Beijing rejects Hong Kong leader's plan to strengthen anti-corruption laws that would target gifts for the chief executive |date=30 January 2019 |work=South China Morning Post}} after an election by a committee of 1,500 people selected by the Chinese Government, rather than the general population,{{Cite web |url=https://2009-2017.state.gov/r/pa/ei/bgn/2747.htm |title=U.S. Relations With Hong Kong |date=25 February 2016 |website=U.S. Department of State |access-date=28 March 2010}} many people, in particular the pro-democrats, have criticised the office as undemocratic, and have criticised the entire election process as a "small-circle election."{{Citation |last=Lin |first=Joyce |title=HK-mainland China 1 democracy in the new HK: Is it reality or |date=29 December 2000 |url=http://taiwanauj.nat.gov.tw/fp.asp?xItem=18415&ctNode=122 |work=taiwanauj.nat.gov.tw |archive-url=https://web.archive.org/web/20110830113333/http://taiwanauj.nat.gov.tw/fp.asp?xItem=18415&ctNode=122 |access-date=28 March 2010 |archive-date=30 August 2011}} Former chief executive Tung Chee-hwa has even stated that the election's result is a non-binding one, saying that the Chinese government would refuse to appoint the winning candidate if that person was unacceptable to them."[https://www.scmp.com/news/hong-kong/politics/article/2072986/beijing-wont-appoint-unacceptable-candidate-even-if-they-win Beijing won’t appoint winner of chief executive race if it finds candidate ‘unacceptable’, elder statesman Tung Chee-hwa warns]" Tung Chee-hwa in South China Morning Post 20 Jul, 2018

Many events, including the Five Constituencies Referendum in 2010, Umbrella Revolution in 2014 and Anti-Extradition Movement during 2019–20, have attempted to push for greater democracy and universal suffrage.{{Cite news |last=Lee |first=Diana |url=http://www.thestandard.com.hk/archive_news_detail.asp?pp_cat=11&art_id=91977&sid=26449116&con_type=1&archive_d_str=20091217 |title=DAB is ready to rumble in suffrage polls |date=17 December 2009 |work=The Standard |access-date=28 March 2010 |archive-url=https://archive.today/20150312034426/http://www.thestandard.com.hk/archive_news_detail.asp?pp_cat=11&art_id=91977&sid=26449116&con_type=1&archive_d_str=20091217 |archive-date=12 March 2015}}

In January 2015, when Leung Chun-Ying reversed a pay freeze imposed on the chief executive and senior civil servants in 2012, he was accused of granting himself a pay rise by stealth and going against the trend of top politicians taking pay cuts instead of pay increases.

In July 2021, Carrie Lam refused to remove the legal immunity of the chief executive in anti-bribery legislation, stating that the officeholder has to be accountable to the Beijing government and hence, extending such provisions to CE would 'sabotage its superior constitutional status'. She was accused of positioning herself above the law whilst going against the principles of separation of power and rule of law.{{Cite web |last=Kwan |first=Rhoda |date=2021-07-20 |title=Hong Kong's Carrie Lam seeks refuge from city's anti-bribery laws behind blanket of national security |url=https://hongkongfp.com/2021/07/20/hong-kongs-carrie-lam-seeks-refuge-from-citys-anti-bribery-laws-behind-blanket-of-national-security/ |access-date=2022-07-31 |website=Hong Kong Free Press HKFP |language=en-GB}}

{{Reflist| group="n"|refs =

Successive fixed five-year CE terms in which incumbent

Resigned, Chief Secretary for Administration Sir Donald Tsang served as acting chief executive from 12 March to 25 May 2005 and Financial Secretary Henry Tang acted from 25 May to 21 June 2005.

}}

{{Portal|China|Hong Kong}}

• List of spouses of chief executives of Hong Kong
• Chief Executive of Macau
• Governor of Hong Kong
• Politics of Hong Kong

{{NoteFoot}}

{{reflist}}

{{Commons category|Chief Executive of Hong Kong}}

• [http://www.ceo.gov.hk/carrie/eng/index.html Office of the Chief Executive] {{Webarchive|url=https://web.archive.org/web/20200730160358/https://www.ceo.gov.hk/carrie/eng/index.html |date=30 July 2020 }}
• [https://web.archive.org/web/20060215142113/http://www.info.gov.hk/press/p970528b.htm Relocation of the Residence and Office of the Chief Executive of Hong Kong]
• [http://www.ceo.gov.hk/eng/index.html Archive – Chief Executive 1 July 2012 – 30 June 2017] {{Webarchive|url=https://web.archive.org/web/20190930170932/https://www.ceo.gov.hk/eng/index.html |date=30 September 2019 }}
• [http://www.ceo.gov.hk/archive/2012/eng/ Archive – Chief Executive 21 June 2005 – 30 June 2012]
• [http://www.ceo.gov.hk/archive/2005/ Archive – Chief Executive 12 March 2005 – 20 June 2005]
• [http://www.ceo.gov.hk/archive/97-05/ Archive – Chief Executive 1 July 1997 – 11 March 2005]
• [https://digital.lib.hkbu.edu.hk/corpus/ Corpus of Political Speeches], Free access to political speeches by Chief Executive of Hong Kong and other politicians, developed by Hong Kong Baptist University Library

{{Hong Kong topics |collapsed}}

{{Hong Kong Chief Executive}}

{{HKExco}}

{{Authority control}}

Category:1997 establishments in Hong Kong

Hong Kong

Category:Lists of political office-holders in Hong Kong

Category:Politics of Hong Kong

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