Chief Executive of Hong Kong

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.[9]

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:[11]

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.[11] 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.[12][13] As a result of enabling legislation stemming from a public consultation in 2010,[14] and its approval by the National People's Congress Standing Committee in Beijing, the number of representatives was increased from 800 to 1200.[15] Following the electoral reform initiated by the Chinese government in 2021 to tighten its grip 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.[7] 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.[7]

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 exeutive'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.[16] The council is consulted before making important policy decisions, introducing bills to the Legislative Council, making subordinate legislation or dissolving the Legislative Council.

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.

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:[17]

• 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;[note 1]
• 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.[7] In case the position becomes vacant, a new chief executive would have to be selected.[18]

Government House, 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.[19] 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).[20] 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.[21] 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.[22] 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.