Hong Kong legislative election, 2004

Hong Kong legislative election, 2004

12 September 2004

All 60 seats to the Legislative Council Turnout 55.64% (GC)   First party Second party Third party   Leader Ma Lik James Tien Yeung Sum Party DAB Liberal Democratic Alliance Pro-Beijing Pro-Beijing Pro-democracy Leader's seat Hong Kong Island New Territories East Hong Kong Island Last election 11 seats, 28.40% 7 seats, 1.88% 13 seats, 31.74% Seats won 10[n 1] (8 GCs + 2 FCs) 10 (2 GCs + 8 FCs) 9 (7 GCs + 2 FCs) Seat change 2 2 Popular vote 402,420 118,997 445,988 Percentage 22.73% 6.72% 25.19% Swing 5.67pp 4.84pp 6.47pp   Fourth party Fifth party Sixth party   A45 Leader Collective leadership Cheng Yiu-tong Emily Lau Party A45CG FTU Frontier Alliance Pro-democracy Pro-Beijing Pro-democracy Leader's seat N/A Did not stand New Territories East Last election New party N/A 2 seats, 6.78% Seats won 4 (3 GCs + 1 FC) 3[n 1] (1 GC + 2 FCs) 1 (1 GC) Seat change 2 2 1 Popular vote 117,216 52,564 121,900 Percentage 6.62% 2.97% 6.89% Swing N/A N/A 0.11pp

Parties with most votes by each district

President before election Rita Fan Independent Elected President Rita Fan Independent

The 2004 Hong Kong legislative election for members of the Legislative Council of Hong Kong (LegCo) was held on 12 September 2004. The elections returned 30 members from directly elected geographical constituencies and 30 members from functional constituencies, of which 11 were unopposed.

General outcome

A record number of 3.2 million people registered to vote in the election. The turnout rate was an unprecedented 55.6% with 1,784,406 voters casting ballots, beating the previous record set in 1998 by 200,000 votes.

While pro-democratic opposition candidates gained new seats in the legislature, their gains fell short of their expectations.

In the geographical constituencies, candidates from the pro-democratic camp secured 60 percent of the seats in the geographical sectors of the election, taking 18 seats (up from 17) in this category, and 62 percent of the popular vote. On the other hand, the pro-Beijing / pro-business candidates made greater gains, winning 12 directly elected seats (up from 7). Ironically, in the functional constituencies which the pro-democratic camp sought to abolish, the camp made more gains (from 5 to 7 seats).

Overall, the democrats took 25 seats and the pro-government camp 35 seats. Bills initiated by the government can still be passed on pro-government support alone, but bills originated by members cannot be passed without democratic support, since these bills require absolute majorities in each sector (geographical and functional) of the legislature. Constitutional amendments require a two-thirds vote and thereby also require support from the democratic camp.

Despite the increase in the number of seats returned by geographical constituencies and the record turnout, the Democratic Party (民主黨) lost the status of being the largest political party in the Legislative Council to the pro-government Democratic Alliance for Betterment of Hong Kong (who secured 12 seats if including the two members who ran under the banner of the Hong Kong Federation of Trade Unions) and pro-business Liberal Party (who secured 10 seats) parties, thereby becoming only the third-largest party. Some attributed the poor performance of the pro-democratic camp to tactical mis-calculation in vote allocation. This was not helped by some of the democratic parties' personal scandals.

The pro-Beijing and pro-business parties succeeded in retaining the majority in the legislature. However, pro-democracy candidates have maintained the threshold to block changes (if necessary) to the Basic Law of Hong Kong (since a two-thirds vote is required for amendment). The current Legislative Council also saw the entry of more radical members of the 'democratic' camp.

Irregularities

There were a few reports of irregularities. Some polling stations ran out of ballot boxes, causing long delays in voting. To fit more ballots into the ballot boxes, some election workers forcefully stuffed ballots into the box using objects such as barbecue forks and metal rulers. Some stations also used random cardboard boxes without official seals. Some ballot boxes were opened before the close of polling.

The polling station operating manual had mistakes in it, so some candidate representatives were kicked out after the closing of the poll and were prevented from witnessing the counting, as required by law.

Some candidates have tried to challenge the election results, but have remained unsuccessful thus far.

A report on the election process was published shortly after the election.^[1] Another report was commissioned by the government to suggest future improvements.^[2]

Dynamics

The election was largely seen as a contest between the pro-democracy coalition and the pro-business and pro-Beijing coalitions. There were 162 candidates for 60 seats in the LegCo. Before the election, the pro-democratic camp was widely expected to gain the most votes and increase its representation in the LegCo (from 22 seats). Some members of the pro-democratic camp aimed at securing an absolute majority of the seats in the legislature so that they would have the power to veto all government proposals.

The democratic camp called for direct elections for the Chief Executive of Hong Kong in 2007 and for LegCo in 2008, as well as rapid political reform. In contrast, the pro-Beijing and pro-business candidates placed more emphasis on economic growth and social stability. Most of the political parties are now setting 2012 as the ideal time for electoral reform.

While the democratic camp hoped to play up the issue of universal suffrage as a prominent issue in the election, the Standing Committee of the National People's Congress ruled out universal suffrage for the chief executive's election in 2007 and for LegCo elections in 2008 in April 2004 before the election. Despite this, the pro-democratic camp insisted on promoting their agenda, which seemed to backfire when the campaign lost its original momentum. This was not helped by various sex and financial scandals of a few pro-democracy candidates. There were some allegations by the pro-democracy camp of Mainland Chinese influence behind this.

Some of the developments include:

• Some reports in phone-in radio programmes that some officials in the Mainland requested businessmen to take photographs of their completed ballots with their mobile phones to prove that they have voted for pro-Beijing candidates. In response, the government removed curtains from polling booths to deter such activities.
• The entry into the election race of popular radio show host Albert Cheng, who had accused Beijing of pressuring him to leave his radio program.
• The arrest and sentence (by re-education through labour) of the Democratic Party candidate Alex Ho in Guangdong province of China for (allegedly) being caught and pictured in a hotel bedroom having relations with a prostitute. Although there were some initial predictions that Ho's arrest would help the Democratic Party by highlighting deficiencies in the PRC's judicial system, it is generally agreed that his arrest greatly hurt the party among women voter support in Hong Kong.
• The involvement of Democratic Party James To and The Hong Kong Federation of Trade Unions Chan Yuen-han in scandals relating to the use of public funds for the benefit of their respective political groups.
• Human Rights Watch issued a report a few days before the election, accusing the PRC government of creating a "climate of fear" to influence the election. In response, the Hong Kong government claimed that the report was distorted.
• The assault of a candidate of the Democratic Party in the New Territories East district, Mr. Wong Shing-chi. The suspect was arrested and reportedly found to be mentally ill.
• The election of radical activist "Long Hair", who ran as an independent but who is expected to side with pro-democracy representatives despite his revolutionary leanings.

Retiring incumbents

With the cancellation of the Election Committee constituency, there were total of twelve incumbents chose not to run for re-election. Ip Kwok-him lost his seat in the Central and Western District Council therefore was not qualified for running in the District Council functional constituency.

Constituency	Departing incumbents	Party
Kowloon East	Szeto Wah		Democratic
New Territories West	Tang Siu-tong		Progressive Alliance
Accountancy	Eric Li Ka-cheung		Independent
Labour	Leung Fu-wah		FTU
Social Welfare	Law Chi-kwong		Democratic
Import and Export	Hui Cheung-ching		Progressive Alliance
District Council (First)	Ip Kwok-him		DAB
Election Committee	David Chu Yu-lin		Progressive Alliance
	Ng Leung-sing		Nonpartisan
	Yeung Yiu-chung		DAB
	Ambrose Lau Hon-chuen		Progressive Alliance
	Ma Fung-kwok		New Forum

Incumbents defeated

Eight incumbents lost re-election

Party		Name	Constituency	Remarks
	Democratic	Wong Sing-chi	New Territories East	placed fourth on the list
	The Frontier/Civic Act-up	Cyd Ho Sau-lan	Hong Kong Island	placed second on the list; running for New Territories East constituency in the last election
	Independent	Andrew Wong Wang-fat	New Territories East
		Lo Wing-lok	Medical
		Kaizer Lau Ping-cheung	Architectural, Surveying and Planning
		Michael Mak Kwok-fung	Health Services
		Chan Kwok-keung	Labour
		Wu King-cheong	Financial Services

General result

Before election:

↓

22	38
Pro-democracy	Pro-Beijing

Change in composition:

↓

25	35
Pro-democracy	Pro-Beijing

 Summary of the 12 September 2004 Legislative Council of Hong Kong election results

Parties and allegiances			Geographical constituencies			Functional constituencies Seats gained	Total seats gained	+/-
			Popular vote	%	Seats gained
		Democratic Party	445,988	25.19	7	2	9	−2
		The Frontier	121,900	6.89	1	0	1	−1
		Article 45 Concern Group	117,216	6.62	3	1	4	+2
		Hong Kong Association for Democracy and People's Livelihood	74,671	4.22	1	0	1	±0
		Hong Kong Confederation of Trade Unions	69,844	3.95	1	0	1	±0
		April Fifth Action	60,925	3.44	1	0	1	+1
		Neighbourhood and Workers Service Centre	59,033	3.33	1	0	1	±0
		Pro democracy individuals and others	146,696	8.29	3	4	7	−
Total for pro-democracy camp			1,096,272	61.93 (62.42)	18 (60%)	7 (23.33%)	25 (41.67%)	+4
		Democratic Alliance for the Betterment of Hong Kong	402,420	22.73	8	2	10	±0
		Liberal Party	118,997	6.72	2	8	10	+2
		Hong Kong Federation of Trade Unions	52,564	2.97	1	2	3	+2
		Hong Kong Progressive Alliance	14,174	0.80	0	0	0	−5
		New Century Forum	4,511	0.25	0	0	0	–1
		Pro-government individuals and others	86,071	4.86	1	11	12	−
Total for pro-Beijing camp			660,052	37.29 (37.58)	12 (40%)	23 (76.67%)	35 (58.33%)	−4
Non-partisan individuals and others			13,866	0.78	0	0	0	−
Valid votes			14,216	0.80
Total (turnout 55.64%)			1,784,406	100.00	30	30	60	±0
Source turnout: Electoral Affairs Commission. 11 candidates in 11 functional constituencies were elected unopposed to the Legislative Council.

Note: For the joint list of pro-democrats in Hong Kong Island, Kowloon East and New Territories East, the votes are divided equally to each candidate.

Votes summary

Ring charts of the election results showing popular vote against seats won, coloured in green (Pro-democracy camp) and red (Pro-Beijing camp) on the left and the party colours on the right. Seats won in the election (outer ring) against number of votes (inner ring).

Popular vote
Democratic			25.19%
DAB			22.73%
Frontier			6.89%
Liberal			6.72%
A45			6.62%
ADPL			4.22%
CTU			3.95%
AFA			3.44%
NWSC			3.33%
FTU			2.97%
PA			0.80%
NCF			0.25%
Independent			13.93%

Seat summary

Seats
DAB			16.67%
Liberal			16.67%
Democratic			15.00%
A45			6.67%
FTU			5.00%
Frontier			1.67%
ADPL			1.67%
CTU			1.67%
AFA			1.67%
NWSC			1.67%
Independent			31.67%

Results breakdown

Geographical Constituencies (30 seats)

Voting system: Party-list proportional representation with largest remainder method and Hare quota.

Results of the Geographical Constituencies
Hong Kong Island (香港島)
List № Party/Allegiance Candidate(s) Votes Votes % Seat(s) won 1 DAB Ma Lik Choy So-yuk Christopher Chung Shu-kun Yeung Wai-foon Lee Yuen-kwong Cheung Kwok-kwan 74,659 21.1 2 2 Independent Rita Fan Hsu Lai-tai 65,661 18.5 1 3 Independent Tsang Kin-shing Chung Chung-fai Tang Chui-chung 5,313 1.5 4 Democratic Yeung Sum Martin Lee Chu-ming Joseph Lai Chi-keong 131,788 37.2 2 5 Independent Kelvin Wong Kam-fai 2,830 0.8 6 Independent/Civic Act-up Audrey Eu Yuet-mee (Article 45 Concern Group) Cyd Ho Sau-lan (The Frontier, Civic Act-up) 73,844 20.9 1 TOTAL (Quota: 59,016 votes, 16.67%) 354,095 100.0 6
Kowloon West (九龍西)
List № Party/Allegiance Candidate(s) Votes Votes % Seat(s) won 1 Independent Lau Yuk-shing Leung Suet-fong Lau Po-kwan 1,824 0.8 2 ADPL Frederick Fung Kin-kee 46,649 20.5 1 3 Independent Lau Chin-shek 43,460 19.1 1 4 DAB Jasper Tsang Yok-sing Chung Kong-mo Starry Lee Wai-king 61,770 27.1 1 5 Democratic James To Kun-sun Chan Ka-wai Lam Ho-yeung Ma Kee 60,539 26.6 1 6 ADPL Liu Sing-lee 13,452 5.9 TOTAL (Quota: 56,923 votes, 25%) 227,694 100.0 4
Kowloon East (九龍東)
List № Party/Allegiance Candidate(s) Votes Votes % Seat(s) won 1 Democratic Fred Li Wah-ming Wu Chi-wai Ho Wai-to 56,462 19.2 1 2 DAB/FTU Chan Kam-lam Choi Chun-wa Chan Tak-ming 55,306 18.8 1 3 Independent Albert Cheng Jing-han Andrew To Kwan-hang (The Frontier) 73,479 25.0 1 4 Independent Alan Leong Kah-kit (Article 45 Concern Group) 56,175 19.1 1 5 FTU/DAB Chan Yuen-han Lam Man-fai Tang Ka-piu (Independent) 52,564 17.9 1 TOTAL (Quota: 58,797 votes, 20.00%) 293,986 100.0 5
New Territories West (新界西)
List № Party/Allegiance Candidate(s) Votes Votes % Seat(s) won 1 Independent Albert Chan Wai-yip 36,278 7.83 1 2 Democratic Lee Wing-tat Chan Yuen-sum 62,500 13.49 1 3 Democratic Albert Ho Chun-yan Cheung Yin-tung 62,342 13.45 1 4 NWSC Leung Yiu-chung Andrew Wan Siu-kin 59,033 12.74 1 5 Independent Chow Ping-tim 1,725 0.37 6 Independent Stephen Char Shik-ngor 9,116 1.97 7 DAB Tam Yiu-chung Cheung Hok-ming Leung Che-cheung Au Yeung Po-chun Tsui Fan Chan Han-pan Andy Lo Kwong-sing Philip Ng King-wah 115,251 24.87 2 8 Independent Ng Tak-leung 1,920 0.41 9 Liberal Selina Chow Liang Shuk-yee Kenneth Ting Woo-shou 50,437 10.88 1 10 New Century Forum Lui Hau-tuen Siu Shing-choi Chan Choi-hi 4,511 0.97 11 CTU Lee Cheuk-yan Ip Ngok-fung 45,725 9.87 1 12 ADPL Yim Tim-sang Kong Fung-yi Tai Yin-chiu Kwun Tung-wing 14,570 3.14 TOTAL (Quota: 57,926 votes, 12.50%) 463,408 100.0 8
New Territories East (新界東)
List № Party/Allegiance Candidate(s) Votes Votes % Seat(s) won 1 Independent Leung Kwok-hung 60,925 14.14 1 2 Hong Kong Progressive Alliance Tso Wung-wai 14,174 3.29 3 7.1 United Front Andrew Cheng Kar-foo (Democratic) Emily Lau Wai-hing (The Frontier) Tong Ka-wah (Article 45 Concern Group) Wong Sing-chi (Democratic) Richard Tsoi Yiu-cheong (HKCTU) Shirley Ho Suk-ping (Democratic) Ricky Or Yiu-lam (The Frontier) 168,833 39.17 3 4 Liberal James Tien Pei-chun 68,560 15.91 1 5 Independent Andrew Wong Wang-fat 23,081 5.36 6 DAB Lau Kong-wah Li Kwok-ying Mok Kam-kwai Chan Kwok-kai So Sai-chi Wong Pik-kiu Chan Hak-kan 95,434 22.14 2 TOTAL (Quota: 61,572 votes, 14.29%) 431,007 100.0 7

Functional Constituencies (30 seats)

Voting systems: Different voting systems apply to different functional constituencies, namely for the Heung Yee Kuk, Agriculture and Fisheries, Insurance and Transport, the preferential elimination system of voting; and for the remaining 24 FCs used the first-past-the-post voting system.^[3]

Results of the Functional Constituencies
Constituency	Incumbent		Result	Candidate(s)
Heung Yee Kuk		Lau Wong-fat (Liberal)	Incumbent ran for DC FC Nonpartisan gain		Lam Wai-keung uncontested
Agriculture and Fisheries		Wong Yung-kan (DAB)	Incumbent hold		Wong Yung-kan (DAB) uncontested
Insurance		Bernard Charnwut Chan	Incumbent hold		Bernard Charnwut Chan uncontested
Transport		Miriam Lau Kin-yee (Liberal)	Incumbent re-elected		Miriam Lau Kin-yee (Liberal) uncontested
Education		Cheung Man-kwong (PTU/Democratic)	Incumbent re-elected		Cheung Man-kwong (PTU/Democratic) 82.94% Yu Kai-chun 17.06%
Legal		Margaret Ng Ngoi-yee (Independent)	Incumbent hold		Margaret Ng Ngoi-yee (Independent) 74.73% Kwong Ka-yin (Independent) 17.21% Judy Tong Kei-yuk (Independent) 8.06%
Accountancy		Eric Li Ka-cheung (Independent)	Incumbent retired Independent gain		Tam Heung-man (Independent) 29.05% Chan Mo-po (Independent) 28.74% Elve Kung Yiu-fai (Independent) 15.54% Edward Chow Kwong-fai 9.13% Louis Leung Wing-on (Independent) 5.17% Peter Chan Po-fun 5.16% Choi Sau-yuk (Independent) 3.80% Wilfred Wu Shek-chun 2.09% Wilfred Wong Wang-tai 1.32%
Medical		Lo Wing-lok (Independent)	Incumbent lost re-election Independent gain		Kwok Ka-ki (Independent) 50.88% Lo Wing-lok (Independent) 42.45% Johnny Ma Kam-chuen 6.67%
Health Services		Michael Mak Kwok-fung (Independent)	Incumbent lost re-election Independent gain		Joseph Lee Kok-long (Independent) 43.01% Michael Mak Kwok-fung (Independent democrat) 30.14% Scarlett Pong Oi-lan 14.27% Siu Kwai-fung (Independent) 12.58%
Engineering		Raymond Ho Chung-tai	Incumbent re-elected		Raymond Ho Chung-tai 57.29% Luk Wang-kwong 42.71%
Architectural, Surveying and Planning		Kaizer Lau Ping-cheung	Incumbent lost re-election Independent gain		Patrick Lau Sau-shing (Independent) 28.36% Kenneth Chan Jor-kin (Independent) 16.29% Kaizer Lau Ping-cheung 15.46% Roger Anthony Nissim (Independent) 13.73% Stanley Ng Wing-fai (Democratic) 13.23% Chan Yiu-fai (Independent) 12.93%
Labour (3 seats)		Li Fung-ying (Nonpartisan)	Incumbent re-elected		Li Fung-ying 32.43% Kwong Chi-kin (FTU) 29.00% Wong Kwok-hing (FTU) 28.00% Chan Kwok-keung 10.57%
		Leung Fu-wah (FTU)	Incumbent retired FTU hold
		Chan Kwok-keung (DAB)	Incumbent lost re-election FTU gain
Social Welfare		Law Chi-kwong (Democratic)	Incumbent retired Nonpartisan gain		Cheung Chiu-hung 39.01% Cheung Kwok-che (SWGU) 38.24% Christine Fong Meng-sang 22.75%
Real Estate and Construction		Abraham Shek Lai-him (Independent)	Incumbent hold		Abraham Shek Lai-him (Independent) uncontested
Tourism		Howard Young (Liberal)	Incumbent re-elected		Howard Young 48.20% Paul Tse Wai-chun 48.20% Freddy Yip Hing-ning 11.05%
Commercial (First)		James Tien Pei-chun (Liberal)	Incumbent ran for NTE GC Liberal hold		Jeffrey Lam Kin-fung (Liberal) uncontested
Commercial (Second)		Philip Wong Yu-hong	Incumbent hold		Philip Wong Yu-hong uncontested
Industrial (First)		Kenneth Ting Woo-shou (Liberal)	Incumbent ran for NTW GC Liberal hold		Andrew Leung Kwan-yuen (Liberal) uncontested
Industrial (Second)		Lui Ming-wah	Incumbent hold		Lui Ming-wah uncontested
Finance		David Li Kwok-po	Incumbent hold		David Li Kwok-po uncontested
Financial Services		Wu King-cheong	Incumbent lost re-election Nonpartisan gain		Chim Pui-chung 51.69% Christopher Cheung Wah-fung 17.29% Wu King-cheong 16.35% Fung Ka-pun (Liberal) 11.47% Fung Chi-kin (Progressive Alliance) 3.20%
Sports, Performing Arts, Culture and Publication		Timothy Fok Tsun-ting	Incumbent hold		Timothy Fok Tsun-ting 69.08% Lam Hon-kin (Democratic) 30.92%
Import and Export		Hui Cheung-ching (Progressive Alliance)	Incumbent retired DAB gain		Wong Ting-kwong (DAB) uncontested
Textiles and Garment		Sophie Lau Yau-fun (Liberal)	Incumbent re-elected		Sophie Lau Yau-fun (Liberal) 77.94% Kwan Kam-yuen 22.06%
Wholesale and Retail		Selina Chow Liang Shuk-yee (Liberal)	Incumbent ran for NTW GC Liberal hold		Vincent Fang Kang (Liberal) 46.85% Fung Leung-lo 36.66% Samuel Chan Tim-shing 16.49%
Information Technology		Sin Chung-kai (Democratic)	Incumbent re-elected		Sin Chung-kai (Democratic) 52.59% Tam Wai-ho 42.65% Leung Mun-yee (Independent) 4.76%
Catering		Tommy Cheung Yu-yan (Liberal)	Incumbent re-elected		Tommy Cheung Yu-yan (Liberal) 63.75% Josephine Chan Shu-ying 21.75% Wong Sin-ying 14.50%
District Council		Ip Kwok-him (DAB)	Incumbent retired Liberal gain		Lau Wong-fat (Liberal) 61.24% Cosmas Kwong Kwok-chuen (Democratic) 28.90% Au Chi-yuen 9.86%

Notes

1. Note: The two candidates represented both DAB and FTU are counted as FTU candidates in this article.

References

1. "2004 Legisilative Council Election" (PDF). Electoral Affairs Commission. Retrieved 19 February 2009.
2. "Report of the Independent Committee of Experts for the Review on the Management, Planning and Conduct of Elections". Government Information Centre. 6 May 2005. Retrieved 19 February 2009.
3. "2004 LegCo Election- Facts about the Election". Elections.gov.hk.

External links

• LegCo Elections 2004