Past and future justifications for Functional Constituencies – An Analysis through the Performance of Functional Constituencies Legislators (2004-2006)

Marcos Van Rafelghem and P Anson Lau

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

Marcos Van Rafelghem and P Anson Lau

November 2006

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Civic Exchange is a non-profit organisation that helps to improve policy and decision-making through research and analysis. The views expressed in this report are those of the authors and do not necessarily represent the opinions of Civic Exchange. Preface

This research paper seeks to continue our work in understanding the Functional Constituencies as an important feature of Hong Kong’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 Kong’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 1

2. Structure of Study 3

3. Background 3 (a) The functional election system 3 (b) Historical evolution of Functional Constituencies 4 (c) Performance and behaviour of functional legislators 4 (d) Some of the criticisms of the functional constituency system 5

Part I 4. Quantitative Performance 6 (a) Measuring participation 6 (b) Overall Performance 6 (c) Questions 7 (d) Motions and Amendments 7 (e) Council Meeting Attendance 8 (f) Bills Committee Meetings Attendance 9 (g) Panel Meeting Attendance 10 (h) Individual Performance 11 (i) Findings and Conclusions 14

Part II 5. Specialist Knowledge 16 (a) The Rationale of Functional Constituencies 16 (b) Case Study: Smoking (Public Health) (Amendment) Bill 2005 17

Part III 6. Political Parties and Party Politics 25 (a) Parties vs. Functional Interests 25 (b) The Tamar Case Study 25

Part IV 7. Integration of Findings 31 (a) Quantitative Performance 31 (b) Specialist Knowledge 31 (c) Political Parties and Party Politics 31 (d) Continuing Trends 31 (f) The Way Forward 32

Annex I Composition of the Participation Index 33 Annex II Detailed Participation Measurements 34 List of Tables

Table 1 FC-GC overall average participation level Table 2 Cumulative averages for Questions Table 3 Five most and least participative legislators by number of Questions Table 4 Cumulative averages for Motions and Amendments Table 5 Five most and least participative legislators by number of Motions and Amendments Table 6 Cumulative averages for Council Meeting Attendance Table 7 Five most and least participative legislators by Council Meeting Attendance Table 8 Cumulative averages for Bill Committee Meeting Attendance Table 9 Five most and least participative legislators by Bill Committee Meeting Attendance Table 10 Cumulative averages for Panel Meeting Attendance Table 11 Five most and least participative legislators by Panel Meeting Attendance Table 12 Rankings of FC legislators by level of participation Table 13 Ranking of FC and GC legislators by level of participation Annex

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 to Mainland 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,” , 20 November. 3 For example, studies show Hutchison Whampoa Ltd may control as many as 37 votes, see Appendix 13, 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 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 in- depth 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 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 ’, 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

13 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 post- 1997 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

(c) 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

14 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 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 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

21 Michael E. DeGolyer (2006), pp. 157-158. 22 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 (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.

5 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) Initiating questions (b) Moving motions and amendments (c) Attending council meetings (d) Attending bill committee meetings (e) 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 2005-2006 FC Average 257.22 FC Average 309.75 GC Average 311.63 GC Average 332.78 Combined Average 284.43 Combined Average 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.

27 It needs to be noted that 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 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 – 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-come- first-served basis.

Table 2: Average questions per legislator 2004-2005 2005-2006 FC Average 8.27 FC Average 8.17 GC Average 12.52 GC Average 12.14 Combined Average 10.36 Combined Average 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 Top 5 GC performers Raymond Ho Chung-tai Engineering 49 Lau Kong-wah NT East 56 Information Wai- NT East Sin Chung-kai Technology 40 hing 55 Kwok Ka-ki Medical 38 Kowloon Chiu- Social Welfare Kin-kee West 48 hung 36 Choy So-yuk HK Island 47 Wai- NT West 36 yip 47

Bottom 5 FC performers Bottom 5 GC performers Lui Ming-wah Industrial Second 5 Kowloon East Kwan- Industrial First Jing-han 13 yuen 4 Leung Kwok-hung NT East 11 Lau Yau- Textiles and NT West fun Garment 4 Liang Shuk-yee 11 Sports, Chan Kam-lam Kowloon East 10 Performing Arts, Kowloon Culture and Lau Chin-shek West 7 Tsun-ting Publication 2 Commercial Yu-hung Second 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 – 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 2005-2006 FC Average 2.30 FC Average 2.27 GC Average 3.55 GC Average 3.17 Combined Average 2.92 Combined Average 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 Top 5 GC performers Wong Kwok-hing Labor 14 NT East Sophie Leung Lau Textiles and Kar-foo 17 Yau-fun Garment 13 Lee Wing-tat NT West 14 Information Kah-kit Kowloon East 12 Sin Chung-kai Technology 11 Albert Cheng Kowloon East Fernando Cheung Social Welfare Jinghan 11 Chiu-hung 10 Chan Yuen-han Kowloon East 10 Yu- Catering yan 9

Bottom 5 FC performers Bottom 5 GC performers Lau Wong-fat District Council 0 Albert Chan Wai- Financial yip NT East 3 Chim Pui-chung Services 0 Yuet- Hong Kong Industrial mee Island 2 Lui Ming-wah Second 0 Kowloon Real Estate Lau Chin-shek West 2 Lai- and Leung Kwok-hung NT East 2 him Construction 0 Yok- Kowloon Sports, sing West 1 Performing Arts, Culture Timothy Fok Tsun- and ting Publication 0

(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 year’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 – An analysis through the performance of functional constituency legislators in 2004-2006 delivers the Government’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 2005-2006 FC Average 34.97 FC Average 37.30 GC Average 35.73 GC Average 36.67 Combined Average 35.35 Combined Average 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 Top 5 GC performers Cheung Man-kwong 77 Albert Cheng Financial Jing-han Kowloon East 77 Chim Pui-chung Services 76 New Fernando Cheung FC - Social Territories Chiu-hung Welfare 76 Lee Wing-tat West 76 Tam Heung-man Accountancy 75 Chan Kam-lam Kowloon East 75 Heung Yee Chan Yuen-han Kowloon East 75 Daniel Lam Wai-keung Kuk 75 Kun- Kowloon sun West 75

Bottom 5 FC Performers Bottom 5 GC Performers Real Estate Emily Lau Wai-hing NT East 71 Abraham Shek Lai- and Chu- Hong Kong him Construction 69 ming Island 70 David Li Kwok-po Finance 67 Hong Kong Agriculture Island 68 Wong Yung-kan and Fisheries 66 Jasper Tsang Yok- Kowloon Sophie Leung Lau Textiles and sing West 68 Yau-fun Garment 66 Kowloon Sports, Lau Chin-shek West 59 Performing Arts, Culture and Timothy Fok Tsun-ting Publishing 57

(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.

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

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

Table 8: Average bills committee meetings attended per legislator 2004-2005 2005-2006 FC Average 11.80 FC Average 30.93 GC Average 11.07 GC Average 23.93 Combined Average 11.44 Combined Average 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 Top 5 GC performers Import and Audrey Eu Yuet- Hong Kong Wong Ting-kwong Export 87 mee Island 117 Andrew Leung Kwan- Industrial Ka- yuen First 83 wah NT East 91 Information Chan Kam-lam Kowloon East 77 Sin Chung-kai Technology 79 Emily Lau Wai- Commercial hing NT East 64 Kin-fung First 74 Li Kwok-ying NT East 59 Legal 73

Bottom 5 FC Performers Bottom 5 GC Performers David Li Kwok-po Finance 16 Leung Kwok-hung NT East 12 Textiles Hong Kong Sophie Leung Lau Yau- and Ma Lik Island 8 fun Garment 16 Frederick Fung Kowloon Cheung Man-kwong Education 15 Kin-kee West 2 Fernando Cheung Chiu- Social Kowloon hung Welfare 12 Lau Chin-shek West 0 District Leung Yiu-chung NT West 0 Lau Wong-fat Council 3

(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 2005-2006 FC Average 62.73 FC Average 53.57 GC Average 66.55 GC Average 56.76 Combined Average 64.61 Combined Average 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.

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

10 Past and Future Justifications for Functional Constituencies – 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 Top 5 GC performers Tommy Cheung Yu- Emily Lau Wai- yan Catering 164 hing NT East 179 Architectural, Kowloon Surveying James To Kun-sun West 168 Patrick Lau Sau-shing and Planning 156 Chun- Real Estate yan NT West 167 Abraham Shek Lai- and Albert Chan Wai- him Construction 156 yip NT West 158 Commercial Andrew Cheng Jeffrey Lam Kin-fung First 155 Kar-foo NT East 155 Andrew Leung Kwan- Industrial yuen First 154 Bottom 5 FC Performers Bottom 5 GC Performers Sports, Frederick Fung Kowloon Performing Kin-kee West 90 Arts, New Timothy Fok Tsun- Culture and Ronny Tong Ka- Territories ting Publishing 73 wah East 86 Joseph Lee Kok- Health Martin Lee Chu- Hong Kong long Services 67 ming Island 75 District Kowloon Lau Wong-fat Council 55 Lau Chin-shek West 72 Philip Wong Yu- Commercial Hong Kong hung Second 49 Ma Lik Island 39 David Li Kwok-po Finance 43

(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.

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

Table 12: Rankings of FC legislators by level of participation 2004-2006 2000-200434 Legislator Constituency Rank Legislator Constituency Rank Information Information Sin Chung-kai Technology 1 Sin Chung-kai Technology 1 Wong Kwok- Kin- hing Labor 2 yee 2 Howard Young Tourism 3 Ip Kwok-him District Council 3 Raymond Ho Chung-tai Engineering 4 Howard Young Tourism 4 Kwok Ka-ki Medical 5 Law Chi-Kwong Social Welfare 5 Miriam Lau Kin-yee Transport 6 Margaret Ng Legal 6 Fernando Cheung Chiu- Michael Mak hung Social Welfare 7 Kwok-fung Health Services 7 Andrew Leung Pei- Kwan-yuen Industrial First 8 chun Commercial First 8 Wong Ting- kwong Import and Export 9 Lo Wing-lok Medical 9 Jeffrey Lam Chan Kwok- Kin-fung Commercial First 10 keung Labor (1st rep) 10 Tam Heung- Tommy Cheung man Accountancy 11 Yu-yan Catering 11 Tommy Cheung Yu- Raymond Ho yan Catering 12 Chung-tai Engineering 12 Vincent Fang Wholesale and Henry Wu King- Kang Retail 13 cheong Financial Services 13 Architectural, Patrick Lau Surveying and Cheung Man- Sau-shing Planning 14 kwong Education 14 Abraham Shek Real Estate and Selina Chow Wholesale and Lai-him Construction 15 Liang Shuk-yee Retail 15 Abraham Shek Real Estate and Li Fung-ying Labor 16 Lai-him Construction 16 Sophie Leung Textiles and Lau Yau-fun Garment 17 Li Fung-ying Labor (2nd rep) 17 Architectural, Cheung Man- Lau Ping- Surveying and kwong Education 18 cheung Planning 18 Kenneth Ting Kwong Chi-kin Labor 19 Woo-shou Industrial First 19 Margaret Ng Legal 20 Leung Fu-wah Labor 20 Joseph Lee Eric Li Ka- Kok-long Health Services 21 cheung Accountancy 21 Hui Cheung- Bernard Chan Insurance 22 ching Import and Export 22 Wong Yung- Agriculture and kan Fisheries 23 Lui Ming-wah Industrial Second 23 Agriculture and Lui Ming-wah Industrial Second 24 Wong Yung-kan Fisheries 24 Chim Pui- Sophie Leung Textiles and chung Financial Services 25 Lau Yau-fun Garment 25 Daniel Lam Wai-keung 26 Bernard Chan Insurance 26

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

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

Sports, Performing Arts, David Li Timothy Fok Culture & Kwok-po Finance 27 Tsun-ting Publication 27 Philip Wong Commercial Yu-hung Second 28 Lau Wong-fat Heung Yee Kuk 28 Philip Wong Yu- Commercial Lau Wong-fat District Council 29 hung Second 29 Sports, Performing Arts, Timothy Fok Culture & David Li Kwok- Tsun-ting Publishing 30 po Finance 30

When the combined functional legislators’ 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 PI Rita Fan Hsu Lai-tai GC - N/A Sin Chung-kai FC - Information Technology 951.94 Andrew Cheng Kar-foo GC - East 912.61 Emily Lau Wai-hing GC - New Territories East 906.53 Wong Kwok-hing FC - Labor 832.18 Audrey Eu Yuet-mee GC - Hong Kong Island 828.93 Li Kwok-ying GC - New Territories East 801.99 Lee Wing-tat GC - New Territories West 800.41 Howard Young FC - Tourism 782.72 Chan Kam-lam GC - Kowloon East 782.24 Chan Yuen-han GC - Kowloon East 776.80 Lau Kong-wah GC - New Territories East 763.60 Raymond Ho Chung-tai FC - Engineering 762.21 Kwok Ka-ki FC - Medical 761.80 Choy So-yuk GC - Hong Kong Island 761.35 Miriam Lau Kin-yee FC - Transport 734.22 Fernando Cheung Chiu- hung FC - Social Welfare 708.60 Alan Leong Kah-kit GC - Kowloon East 692.60 Albert Ho Chun-yan GC - New Territories West 681.71 Ronny Tong Ka-wah GC - New Territories East 679.86 Albert Chan Wai-yip GC - New Territories West 674.43 Andrew Leung Kwan-yuen FC - Industrial First 664.72 Wong Ting-kwong FC - Import and Export 662.57 Albert Cheng Jinghan GC - Kowloon East 658.95 Jeffrey Lam Kin-fung FC - Commercial First 655.30 Wah-ming GC - Kowloon East 643.36 Lee Cheuk-yan GC - New Territories West 633.96 Frederick Fung Kin-kee GC - Kowloon West 631.66 Cheung Hok-ming GC - New Territories West 631.35 Tam Heung-man FC - Accountancy 626.33 Tommy Cheung Yu-yan FC - Catering 608.61

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

Selina Chow Liang Shuk- yee GC - New Territories West 608.33 Vincent Fang Kang FC - Wholesale and Retail 594.28 James Tien Pei-chun GC - New Territories East 593.00 FC - Architectural, Surveying and Patrick Lau Sau-shing Planning 588.85 Tam Yiu-chung GC - New Territories West 588.16 Abraham Shek Lai-him FC - Real Estate and Construction 584.62 Leung Yiu-chung GC - New Territories West 576.46 Li Fung-ying FC - Labor 571.55 Sophie Leung Lau Yau-fun FC - Textiles and Garment 555.16 Cheung Man-kwong FC - Education 552.16 GC - Hong Kong Island 550.67 Kwong Chi-kin FC - Labor 550.47 James To Kun-sun GC - Kowloon West 529.58 Margaret Ng FC - Legal 527.26 Joseph Lee Kok-long FC - Health Services 518.67 Bernard Chan FC - Insurance 497.16 Ma Lik35 GC - Hong Kong Island 463.35 Wong Yung-kan FC - Agriculture and Fisheries 442.36 Jasper Tsang Yok-sing GC - Kowloon West 436.30 Lui Ming-wah FC - Industrial Second 423.99 Martin Lee Chu-ming GC - Hong Kong Island 422.34 Leung Kwok-hung GC - New Territories East 391.15 Chim Pui-chung FC - Financial Services 390.68 Daniel Lam Wai-keung FC - Heung Yee Kuk 377.09 David Li Kwok-po FC - Finance 292.37 Philip Wong Yu-hung FC - Commercial Second 284.88 Lau Chin-shek GC - Kowloon West 258.17 Lau Wong-fat FC - District Council 257.98 FC - Sports, Performing Arts, Culture & Timothy Fok Tsun-ting Publishing 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 See note 27. 36 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 sector- based 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.

37 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. Specialist Knowledge (a) 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) Case Study: Smoking (Public Health) (Amendment) Bill 2005 (i) 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

42 LegCo Council Meeting, Hansard, 20 October 2004, p. 501. 43 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/yr04- 05/english/hc/papers/hc0513ls-63e.pdf.

17 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 second- hand 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 “non- specialist” 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

46 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

57 Rowena Y. F. Kwok and Chow Chiu Tak (2006). 58 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.

20 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 tourist- unfriendly place, especially for visitors from , 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

63 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

69 Eight functional legislators are currently members of the Liberal Party. 70 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/yr04- 05/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

22 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.

24 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 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.

79 The records of the Subcommittee can be found at www.legco.gov.hk/english/index/htm. 80 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,” , 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.”

26 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, , 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. 84 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.

27 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

87 Leslie Kwoh (2006). “Sprucing up offices would save billions,” The Standard, 21 June. 88 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.

28 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 pro- government 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.civic- exchange.org/publications/2005/050226legcosub.pdf.

29 Past and Future Justifications for Functional Constituencies – 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.

30 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 pro- government 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.

31 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.

95 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. Number of questions asked b. Number of motions moved c. Number of Council meetings attended d. Number of Bills Committee meetings attended e. 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 Averages (AV) 04-06 Number of questions asked 10.24 Number of motions moved 2.81 Number of Council meetings attended 34.34 Number of Bills Committee meetings attended 19.47 Number of Panel meetings attended 59.87

Reference Value (RV) (Panel mtgs. attended) 59.87

Items Coefficient (RV / AV) Number of questions asked 5.85 Number of motions moved 21.28 Number of Council meetings attended 1.74 Number of Bills Committee meetings attended 3.08 Number of Panel meetings attended 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 Coefficient Participation Items Index Questions 19 5.85 111.15 Motions 6 21.28 127.68 Council Meetings 72 1.74 125.28 Bills Committee 50 Meetings 3.08 154.00 Panel Meetings 103 1.00 103.00 Total PI 621.11

33 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 2005-2006 Legislator Constituency N. Legislator Constituency N. Tam Heung- FC - Tam Heung- FC - man Accountancy 3 man Accountancy 16 FC - Agriculture Wong Yung- FC - Agriculture Wong Yung-kan and Fisheries 2 kan and Fisheries 6 FC - FC - Architectural, Architectural, Patrick Lau Surveying and Patrick Lau Surveying and Sau-shing Planning 5 Sau-shing Planning 4 Tommy Cheung Tommy Yu-yan FC - Catering 2 Cheung Yu-yan FC - Catering 3 Jeffrey Lam FC - Commercial Jeffrey Lam FC - Commercial Kin-fung First 5 Kin-fung First 5 Philip Wong Yu- FC - Commercial Philip Wong FC - Commercial hung Second 0 Yu-hung Second 0 FC - District FC - District Lau Wong-fat Council 2 Lau Wong-fat Council 10 Cheung Man- Cheung Man- kwong FC - Education 10 kwong FC - Education 8 Raymond Ho Raymond Ho Chung-tai FC - Engineering 27 Chung-tai FC - Engineering 22 David Li Kwok- David Li Kwok- po FC - Finance 6 po FC - Finance 1 FC - Financial Chim Pui- FC - Financial Chim Pui-chung Services 8 chung Services 0 Joseph Lee FC - Health Joseph Lee FC - Health Kok-long Services 13 Kok-long Services 20 Daniel Lam FC - Heung Yee Daniel Lam FC - Heung Yee Wai-keung Kuk 5 Wai-keung Kuk 6 Wong Ting- FC - Import and Wong Ting- FC - Import and kwong Export 6 kwong Export 9 Andrew Leung FC - Industrial Andrew Leung FC - Industrial Kwan-yuen First 3 Kwan-yuen First 1 FC - Industrial FC - Industrial Lui Ming-wah Second 3 Lui Ming-wah Second 2 FC - Information FC - Information Sin Chung-kai Technology 20 Sin Chung-kai Technology 20 Bernard Chan FC - Insurance 6 Bernard Chan FC - Insurance 6 Kwong Chi-kin FC - Labor 11 Kwong Chi-kin FC - Labor 6 Li Fung-ying FC - Labor 12 Li Fung-ying FC - Labor 5 Wong Kwok- Wong Kwok- hing FC - Labor 11 hing FC - Labor 13 Margaret Ng FC - Legal 4 Margaret Ng FC - Legal 2 Kwok Ka-ki FC - Medical 14 Kwok Ka-ki FC - Medical 24 Abraham Shek FC - Real Estate Abraham Shek FC - Real Estate Lai-him and Construction 19 Lai-him and Construction 9

96 See note 27.

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

Fernando Fernando Cheung Chiu- FC - Social Cheung Chiu- FC - Social hung Welfare 19 hung Welfare 17 FC - Sports, FC - Sports, Performing Arts, Performing Arts, Timothy Fok Culture and Timothy Fok Culture and Tsun-ting Publishing 0 Tsun-ting Publishing 2 Sophie Leung FC - Textiles and Sophie Leung FC - Textiles and Lau Yau-fun Garment 2 Lau Yau-fun Garment 2 Howard Young FC - Tourism 18 Howard Young FC - Tourism 18 Miriam Lau Kin- Miriam Lau yee FC - Transport 7 Kin-yee FC - Transport 5 Vincent Fang FC - Wholesale Vincent Fang FC - Wholesale Kang and Retail 5 Kang and Retail 3 Audrey Eu GC - Hong Kong Audrey Eu GC - Hong Kong Yuet-mee Island 10 Yuet-mee Island 15 GC - Hong Kong GC - Hong Kong Choy So-yuk Island 24 Choy So-yuk Island 23 Martin Lee Chu- GC - Hong Kong Martin Lee GC - Hong Kong ming Island 6 Chu-ming Island 8 Rita Fan Hsu GC - Hong Kong Rita Fan Hsu GC - Hong Kong Lai-tai Island N/A Lai-tai Island N/A GC - Hong Kong GC - Hong Kong Yeung Sum Island 8 Yeung Sum Island 9 GC - Hong Kong GC - Hong Kong Ma Lik Island 8 Ma Lik Island 11 Alan Leong GC - Kowloon Alan Leong GC - Kowloon Kah-kit East 10 Kah-kit East 4 Albert Cheng GC - Kowloon Albert Cheng GC - Kowloon Jinghan East 4 Jinghan East 9 GC - Kowloon GC - Kowloon Chan Kam-lam East 5 Chan Kam-lam East 5 GC - Kowloon Chan Yuen- GC - Kowloon Chan Yuen-han East 15 han East 11 Fred Li Wah- GC - Kowloon Fred Li Wah- GC - Kowloon ming East 11 ming East 15 Frederick Fung GC - Kowloon Frederick Fung GC - Kowloon Kin-kee West 24 Kin-kee West 24 James To Kun- GC - Kowloon James To Kun- GC - Kowloon sun West 8 sun West 8 Jasper Tsang GC - Kowloon Jasper Tsang GC - Kowloon Yok-sing West 14 Yok-sing West 0 GC - Kowloon GC - Kowloon Lau Chin-shek West 2 Lau Chin-shek West 5 Andrew Cheng GC - New Andrew Cheng GC - New Kar-foo Territories East 11 Kar-foo Territories East 16 Emily Lau Wai- GC - New Emily Lau Wai- GC - New hing Territories East 32 hing Territories East 23 James Tien GC - New James Tien GC - New Pei-chun Territories East 8 Pei-chun Territories East 8 GC - New GC - New Lau Kong-wah Territories East 32 Lau Kong-wah Territories East 24 Leung Kwok- GC - New Leung Kwok- GC - New hung Territories East 6 hung Territories East 5 Li Kwok-ying GC - New 22 Li Kwok-ying GC - New 19

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

Territories East Territories East Ronny Tong GC - New Ronny Tong GC - New Ka-wah Territories East 6 Ka-wah Territories East 8 Albert Chan GC - New Albert Chan GC - New Wai-yip Territories West 25 Wai-yip Territories West 22 Albert Ho Chun- GC - New Albert Ho GC - New yan Territories West 10 Chun-yan Territories West 7 Cheung Hok- GC - New Cheung Hok- GC - New ming Territories West 16 ming Territories West 17 GC - New GC - New Lee Cheuk-yan Territories West 7 Lee Cheuk-yan Territories West 7 GC - New GC - New Lee Wing-tat Territories West 14 Lee Wing-tat Territories West 15 Leung Yiu- GC - New Leung Yiu- GC - New chung Territories West 10 chung Territories West 22 Selina Chow GC - New Selina Chow GC - New Liang Shuk-yee Territories West 7 Liang Shuk-yee Territories West 4 GC - New GC - New Tam Yiu-chung Territories West 8 Tam Yiu-chung Territories West 8

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

Motions and Amendments

2004-2005 2005-2006 Legislator Constituency N. Legislator Constituency N. Tam Heung- FC - Tam Heung- FC - man Accountancy 1 man Accountancy 5 FC - Agriculture Wong Yung- FC - Agriculture Wong Yung-kan and Fisheries 2 kan and Fisheries 2 FC - FC - Architectural, Architectural, Patrick Lau Surveying and Patrick Lau Surveying and Sau-shing Planning 3 Sau-shing Planning 1 Tommy Cheung Tommy Yu-yan FC - Catering 5 Cheung Yu-yan FC - Catering 4 Jeffrey Lam FC - Commercial Jeffrey Lam FC - Commercial Kin-fung First 1 Kin-fung First 3 Philip Wong Yu- FC - Commercial Philip Wong FC - Commercial hung Second 0 Yu-hung Second 1 FC - District FC - District Lau Wong-fat Council 0 Lau Wong-fat Council 0 Cheung Man- Cheung Man- kwong FC - Education 4 kwong FC - Education 2 Raymond Ho Raymond Ho Chung-tai FC - Engineering 1 Chung-tai FC - Engineering 1 David Li Kwok- David Li Kwok- po FC - Finance 2 po FC - Finance 0 FC - Financial Chim Pui- FC - Financial Chim Pui-chung Services 0 chung Services 0 Joseph Lee FC - Health Joseph Lee FC - Health Kok-long Services 2 Kok-long Services 1 Daniel Lam FC - Heung Yee Daniel Lam FC - Heung Yee Wai-keung Kuk 2 Wai-keung Kuk 0 Wong Ting- FC - Import and Wong Ting- FC - Import and kwong Export 1 kwong Export 2 Andrew Leung FC - Industrial Andrew Leung FC - Industrial Kwan-yuen First 3 Kwan-yuen First 2 FC - Industrial FC - Industrial Lui Ming-wah Second 0 Lui Ming-wah Second 0 FC - Information FC - Information Sin Chung-kai Technology 2 Sin Chung-kai Technology 9 Bernard Chan FC - Insurance 1 Bernard Chan FC - Insurance 1 Kwong Chi-kin FC - Labor 1 Kwong Chi-kin FC - Labor 2 Li Fung-ying FC - Labor 1 Li Fung-ying FC - Labor 1 Wong Kwok- Wong Kwok- hing FC - Labor 9 hing FC - Labor 5 Margaret Ng FC - Legal 1 Margaret Ng FC - Legal 1 Kwok Ka-ki FC - Medical 4 Kwok Ka-ki FC - Medical 5 Abraham Shek FC - Real Estate Abraham Shek FC - Real Estate Lai-him and Construction 0 Lai-him and Construction 0 Fernando Fernando Cheung Chiu- FC - Social Cheung Chiu- FC - Social hung Welfare 2 hung Welfare 8

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

FC - Sports, FC - Sports, Performing Arts, Performing Arts, Timothy Fok Culture and Timothy Fok Culture and Tsun-ting Publishing 0 Tsun-ting Publishing 0 Sophie Leung FC - Textiles and Sophie Leung FC - Textiles and Lau Yau-fun Garment 12 Lau Yau-fun Garment 1 Howard Young FC - Tourism 2 Howard Young FC - Tourism 3 Miriam Lau Kin- Miriam Lau yee FC - Transport 4 Kin-yee FC - Transport 4 Vincent Fang FC - Wholesale Vincent Fang FC - Wholesale Kang and Retail 3 Kang and Retail 4 Audrey Eu GC - Hong Kong Audrey Eu GC – Hong Kong Yuet-mee Island 1 Yuet-mee Island 1 GC - Hong Kong GC – Hong Kong Choy So-yuk Island 4 Choy So-yuk Island 3 Martin Lee Chu- GC - Hong Kong Martin Lee GC – Hong Kong ming Island 3 Chu-ming Island 1 Rita Fan Hsu GC - Hong Kong Rita Fan Hsu GC – Hong Kong Lai-tai Island N/A Lai-tai Island N/A GC - Hong Kong GC – Hong Kong Yeung Sum Island 4 Yeung Sum Island 4 Alan Leong GC - Kowloon Alan Leong GC - Kowloon Kah-kit East 4 Kah-kit East 4 Albert Cheng GC - Kowloon Albert Cheng GC - Kowloon Jinghan East 4 Jinghan East 8 GC - Kowloon GC - Kowloon Chan Kam-lam East 6 Chan Kam-lam East 5 GC - Kowloon Chan Yuen- GC - Kowloon Chan Yuen-han East 5 han East 6 Fred Li Wah- GC - Kowloon Fred Li Wah- GC - Kowloon ming East 5 ming East 5 Frederick Fung GC - Kowloon Frederick Fung GC - Kowloon Kin-kee West 3 Kin-kee West 6 James To Kun- GC - Kowloon James To Kun- GC - Kowloon sun West 3 sun West 3 Jasper Tsang GC - Kowloon Jasper Tsang GC - Kowloon Yok-sing West 2 Yok-sing West 2 GC - Kowloon GC - Kowloon Lau Chin-shek West 1 Lau Chin-shek West 0 GC - Hong Kong GC - Hong Kong Ma Lik Island 1 Ma Lik Island 1 Andrew Cheng GC - New Andrew Cheng GC - New Kar-foo Territories East 8 Kar-foo Territories East 9 Emily Lau Wai- GC - New Emily Lau Wai- GC - New hing Territories East 3 hing Territories East 1 James Tien GC - New James Tien GC - New Pei-chun Territories East 3 Pei-chun Territories East 3 GC - New GC - New Lau Kong-wah Territories East 3 Lau Kong-wah Territories East 2 Leung Kwok- GC - New Leung Kwok- GC - New hung Territories East 1 hung Territories East 1 GC - New GC - New Li Kwok-ying Territories East 1 Li Kwok-ying Territories East 4 Ronny Tong GC - New Ronny Tong GC - New Ka-wah Territories East 3 Ka-wah Territories East 2

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

Albert Chan GC - New Albert Chan GC - New Wai-yip Territories West 1 Wai-yip Territories West 2 Albert Ho Chun- GC - New Albert Ho GC - New yan Territories West 5 Chun-yan Territories West 1 Cheung Hok- GC - New Cheung Hok- GC - New ming Territories West 2 ming Territories West 4 GC - New GC - New Lee Cheuk-yan Territories West 5 Lee Cheuk-yan Territories West 2 GC - New GC - New Lee Wing-tat Territories West 9 Lee Wing-tat Territories West 5 Leung Yiu- GC - New Leung Yiu- GC - New chung Territories West 3 chung Territories West 5 Selina Chow GC - New Selina Chow GC - New Liang Shuk-yee Territories West 4 Liang Shuk-yee Territories West 1 GC - New GC - New Tam Yiu-chung Territories West 6 Tam Yiu-chung Territories West 1

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

Council Meeting Attendance

2004-2005 2005-2006 Legislator Constituency N. Legislator Constituency N. Tam Heung- Tam Heung-man FC - Accountancy 37 man FC - Accountancy 38 FC - Agriculture FC - Agriculture Wong Yung-kan and Fisheries 30 Wong Yung-kan and Fisheries 36 FC - FC - Architectural, Architectural, Patrick Lau Sau- Surveying and Patrick Lau Surveying and shing Planning 36 Sau-shing Planning 38 Tommy Cheung Tommy Cheung Yu-yan FC - Catering 34 Yu-yan FC - Catering 38 Jeffrey Lam Kin- FC - Commercial Jeffrey Lam Kin- FC - Commercial fung First 35 fung First 39 Philip Wong Yu- FC - Commercial Philip Wong Yu- FC - Commercial hung Second 34 hung Second 38 FC - District FC - District Lau Wong-fat Council 35 Lau Wong-fat Council 36 Cheung Man- Cheung Man- kwong FC - Education 38 kwong FC - Education 39 Raymond Ho Raymond Ho Chung-tai FC - Engineering 36 Chung-tai FC - Engineering 38 David Li Kwok- David Li Kwok- po FC - Finance 35 po FC - Finance 32 FC - Financial FC - Financial Chim Pui-chung Services 37 Chim Pui-chung Services 39 Joseph Lee Kok- FC - Health Joseph Lee FC - Health long Services 35 Kok-long Services 38 Daniel Lam Wai- FC - Heung Yee Daniel Lam FC - Heung Yee keung Kuk 36 Wai-keung Kuk 39 Wong Ting- FC - Import and Wong Ting- FC - Import and kwong Export 36 kwong Export 37 Andrew Leung FC - Industrial Andrew Leung FC - Industrial Kwan-yuen First 33 Kwan-yuen First 39 FC - Industrial FC - Industrial Lui Ming-wah Second 36 Lui Ming-wah Second 39 FC - Information FC - Information Sin Chung-kai Technology 36 Sin Chung-kai Technology 35 Bernard Chan FC - Insurance 36 Bernard Chan FC - Insurance 38 Kwong Chi-kin FC - Labor 36 Kwong Chi-kin FC - Labor 39 Li Fung-ying FC - Labor 35 Li Fung-ying FC - Labor 36 Wong Kwok- Wong Kwok- hing FC - Labor 36 hing FC - Labor 39 Margaret Ng FC - Legal 36 Margaret Ng FC - Legal 38 Kwok Ka-ki FC - Medical 37 Kwok Ka-ki FC - Medical 38 Abraham Shek FC - Real Estate Abraham Shek FC - Real Estate Lai-him and Construction 34 Lai-him and Construction 35 Fernando Fernando Cheung Chiu- FC - Social Cheung Chiu- FC - Social hung Welfare 37 hung Welfare 39

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

FC - Sports, FC - Sports, Performing Arts, Performing Arts, Timothy Fok Culture and Timothy Fok Culture and Tsun-ting Publishing 30 Tsun-ting Publishing 27 Sophie Leung FC - Textiles and Sophie Leung FC - Textiles and Lau Yau-fun Garment 29 Lau Yau-fun Garment 37 Howard Young FC - Tourism 34 Howard Young FC - Tourism 38 Miriam Lau Kin- Miriam Lau Kin- yee FC - Transport 34 yee FC - Transport 39 Vincent Fang FC - Wholesale Vincent Fang FC - Wholesale Kang and Retail 36 Kang and Retail 38 Audrey Eu Yuet- GC - Hong Kong Audrey Eu GC – Hong Kong mee Island 36 Yuet-mee Island 38 GC - Hong Kong GC – Hong Kong Choy So-yuk Island 35 Choy So-yuk Island 37 Martin Lee Chu- GC - Hong Kong Martin Lee Chu- GC – Hong Kong ming Island 36 ming Island 34 Rita Fan Hsu GC - Hong Kong Rita Fan Hsu GC – Hong Kong Lai-tai Island 38 Lai-tai Island 39 GC - Hong Kong GC – Hong Kong Yeung Sum Island 35 Yeung Sum Island 38 GC - Hong Kong Alan Leong GC - Kowloon Ma Lik Island 29 Kah-kit East 39 Alan Leong Kah- GC - Kowloon Albert Cheng GC - Kowloon kit East 37 Jinghan East 34 Albert Cheng GC - Kowloon GC - Kowloon Jinghan East 38 Chan Kam-lam East 39 GC - Kowloon GC - Kowloon Chan Kam-lam East 37 Chan Yuen-han East 38 GC - Kowloon Fred Li Wah- GC - Kowloon Chan Yuen-han East 36 ming East 39 Fred Li Wah- GC - Kowloon Frederick Fung GC - Kowloon ming East 35 Kin-kee West 36 Frederick Fung GC - Kowloon James To Kun- GC - Kowloon Kin-kee West 36 sun West 37 James To Kun- GC - Kowloon Jasper Tsang GC - Kowloon sun West 36 Yok-sing West 39 Jasper Tsang GC - Kowloon GC - Kowloon Yok-sing West 35 Lau Chin-shek West 33 GC - Kowloon GC - Hong Kong Lau Chin-shek West 33 Ma Lik Island 26 Andrew Cheng GC - New Andrew Cheng GC - New Kar-foo Territories East 36 Kar-foo Territories East 37 Emily Lau Wai- GC - New Emily Lau Wai- GC - New hing Territories East 34 hing Territories East 37 James Tien Pei- GC - New James Tien Pei- GC - New chun Territories East 37 chun Territories East 37 GC - New GC - New Lau Kong-wah Territories East 35 Lau Kong-wah Territories East 37 Leung Kwok- GC - New Leung Kwok- GC - New hung Territories East 36 hung Territories East 36 GC - New GC - New Li Kwok-ying Territories East 36 Li Kwok-ying Territories East 37 Ronny Tong Ka- GC - New Ronny Tong Ka- GC - New wah Territories East 37 wah Territories East 35

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

Albert Chan GC - New Albert Chan GC - New Wai-yip Territories West 35 Wai-yip Territories West 37 Albert Ho Chun- GC - New Albert Ho Chun- GC - New yan Territories West 37 yan Territories West 38 Cheung Hok- GC - New Cheung Hok- GC - New ming Territories West 35 ming Territories West 38 GC - New GC - New Lee Cheuk-yan Territories West 36 Lee Cheuk-yan Territories West 37 GC - New GC - New Lee Wing-tat Territories West 37 Lee Wing-tat Territories West 39 Leung Yiu- GC - New Leung Yiu- GC - New chung Territories West 37 chung Territories West 36 Selina Chow GC - New Selina Chow GC - New Liang Shuk-yee Territories West 36 Liang Shuk-yee Territories West 37 GC - New GC - New Tam Yiu-chung Territories West 36 Tam Yiu-chung Territories West 36

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

Bill Committee Meeting Attendance

2004-2005 2005-2006 Legislator Constituency N. Legislator Constituency N. Tam Heung- FC - Tam Heung- FC - man Accountancy 12 man Accountancy 38 FC - Agriculture Wong Yung- FC - Agriculture Wong Yung-kan and Fisheries 6 kan and Fisheries 14 FC - FC - Architectural, Architectural, Patrick Lau Surveying and Patrick Lau Surveying and Sau-shing Planning 12 Sau-shing Planning 42 Tommy Cheung Tommy Yu-yan FC - Catering 11 Cheung Yu-yan FC - Catering 21 Jeffrey Lam FC - Commercial Jeffrey Lam FC - Commercial Kin-fung First 9 Kin-fung First 65 Philip Wong Yu- FC - Commercial Philip Wong FC - Commercial hung Second 5 Yu-hung Second 24 FC - District FC - District Lau Wong-fat Council 3 Lau Wong-fat Council 0 Cheung Man- Cheung Man- kwong FC - Education 12 kwong FC - Education 3 Raymond Ho Raymond Ho Chung-tai FC - Engineering 10 Chung-tai FC - Engineering 43 David Li Kwok- David Li Kwok- po FC - Finance 4 po FC - Finance 12 FC - Financial Chim Pui- FC - Financial Chim Pui-chung Services 7 chung Services 26 Joseph Lee FC - Health Joseph Lee FC - Health Kok-long Services 7 Kok-long Services 15 Daniel Lam FC - Heung Yee Daniel Lam FC - Heung Yee Wai-keung Kuk 6 Wai-keung Kuk 15 Wong Ting- FC - Import and Wong Ting- FC - Import and kwong Export 29 kwong Export 58 Andrew Leung FC - Industrial Andrew Leung FC - Industrial Kwan-yuen First 10 Kwan-yuen First 73 FC - Industrial FC - Industrial Lui Ming-wah Second 26 Lui Ming-wah Second 27 FC - Information FC - Information Sin Chung-kai Technology 22 Sin Chung-kai Technology 57 Bernard Chan FC - Insurance 10 Bernard Chan FC - Insurance 23 Kwong Chi-kin FC - Labor 18 Kwong Chi-kin FC - Labor 28 Li Fung-ying FC - Labor 15 Li Fung-ying FC - Labor 35 Wong Kwok- Wong Kwok- hing FC - Labor 10 hing FC - Labor 32 Margaret Ng FC - Legal 21 Margaret Ng FC - Legal 52 Kwok Ka-ki FC - Medical 8 Kwok Ka-ki FC - Medical 23 Abraham Shek FC - Real Estate Abraham Shek FC - Real Estate Lai-him and Construction 10 Lai-him and Construction 37 Fernando Fernando Cheung Chiu- FC - Social Cheung Chiu- FC - Social hung Welfare 5 hung Welfare 7

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

FC - Sports, FC - Sports, Performing Arts, Performing Arts, Timothy Fok Culture and Timothy Fok Culture and Tsun-ting Publishing 2 Tsun-ting Publishing 19 Sophie Leung FC - Textiles and Sophie Leung FC - Textiles and Lau Yau-fun Garment 6 Lau Yau-fun Garment 10 Howard Young FC - Tourism 13 Howard Young FC - Tourism 55 Miriam Lau Kin- Miriam Lau yee FC - Transport 33 Kin-yee FC - Transport 39 Vincent Fang FC - Wholesale Vincent Fang FC - Wholesale Kang and Retail 12 Kang and Retail 35 Audrey Eu GC - Hong Kong Audrey Eu GC - Hong Kong Yuet-mee Island 42 Yuet-mee Island 75 GC - Hong Kong GC - Hong Kong Choy So-yuk Island 5 Choy So-yuk Island 22 Martin Lee Chu- GC - Hong Kong Martin Lee GC - Hong Kong ming Island 6 Chu-ming Island 13 Rita Fan Hsu GC - Hong Kong Rita Fan Hsu GC - Hong Kong Lai-tai Island N/A Lai-tai Island N/A GC - Hong Kong GC - Hong Kong Yeung Sum Island 8 Yeung Sum Island 4 GC - Hong Kong GC - Hong Kong Ma Lik Island 4 Ma Lik Island 4 Alan Leong GC - Kowloon Alan Leong GC - Kowloon Kah-kit East 5 Kah-kit East 30 Albert Cheng GC - Kowloon Albert Cheng GC - Kowloon Jinghan East 7 Jinghan East 16 GC - Kowloon GC - Kowloon Chan Kam-lam East 26 Chan Kam-lam East 51 GC - Kowloon Chan Yuen- GC - Kowloon Chan Yuen-han East 19 han East 36 Fred Li Wah- GC - Kowloon Fred Li Wah- GC - Kowloon ming East 11 ming East 4 Frederick Fung GC - Kowloon Frederick Fung GC - Kowloon Kin-kee West 2 Kin-kee West 0 James To Kun- GC - Kowloon James To Kun- GC - Kowloon sun West 7 sun West 10 Jasper Tsang GC - Kowloon Jasper Tsang GC - Kowloon Yok-sing West 13 Yok-sing West 22 GC - Kowloon GC - Kowloon Lau Chin-shek West 0 Lau Chin-shek West 0 Andrew Cheng GC - New Andrew Cheng GC - New Kar-foo Territories East 4 Kar-foo Territories East 32 Emily Lau Wai- GC - New Emily Lau Wai- GC - New hing Territories East 4 hing Territories East 60 James Tien GC - New James Tien GC - New Pei-chun Territories East 10 Pei-chun Territories East 27 GC - New GC - New Lau Kong-wah Territories East 11 Lau Kong-wah Territories East 18 Leung Kwok- GC - New Leung Kwok- GC - New hung Territories East 0 hung Territories East 12 GC - New GC - New Li Kwok-ying Territories East 15 Li Kwok-ying Territories East 44 Ronny Tong GC - New Ronny Tong GC - New Ka-wah Territories East 32 Ka-wah Territories East 59

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

Albert Chan GC - New Albert Chan GC - New Wai-yip Territories West 4 Wai-yip Territories West 13 Albert Ho Chun- GC - New Albert Ho GC - New yan Territories West 26 Chun-yan Territories West 25 Cheung Hok- GC - New Cheung Hok- GC - New ming Territories West 6 ming Territories West 14 GC - New GC - New Lee Cheuk-yan Territories West 9 Lee Cheuk-yan Territories West 42 GC - New GC - New Lee Wing-tat Territories West 6 Lee Wing-tat Territories West 14 Leung Yiu- GC - New Leung Yiu- GC - New chung Territories West 0 chung Territories West 0 Selina Chow GC - New Selina Chow GC - New Liang Shuk-yee Territories West 16 Liang Shuk-yee Territories West 41 GC - New GC - New Tam Yiu-chung Territories West 23 Tam Yiu-chung Territories West 6

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

Panel Meeting Attendance

2004-2005 2005-2006 Legislator Constituency N. Legislator Constituency N. Tam Heung- FC - Tam Heung- FC - man Accountancy 57 man Accountancy 46 FC - Agriculture Wong Yung- FC - Agriculture Wong Yung-kan and Fisheries 69 kan and Fisheries 65 FC - FC - Architectural, Architectural, Patrick Lau Surveying and Patrick Lau Surveying and Sau-shing Planning 100 Sau-shing Planning 56 Tommy Cheung Tommy Yu-yan FC - Catering 106 Cheung Yu-yan FC - Catering 58 Jeffrey Lam FC - Commercial Jeffrey Lam FC - Commercial Kin-fung First 86 Kin-fung First 69 Philip Wong Yu- FC - Commercial Philip Wong FC - Commercial hung Second 26 Yu-hung Second 23 FC - District FC - District Lau Wong-fat Council 30 Lau Wong-fat Council 25 Cheung Man- Cheung Man- kwong FC - Education 67 kwong FC - Education 72 Raymond Ho Raymond Ho Chung-tai FC - Engineering 81 Chung-tai FC - Engineering 60 David Li Kwok- David Li Kwok- po FC - Finance 22 po FC - Finance 21 FC - Financial Chim Pui- FC - Financial Chim Pui-chung Services 60 chung Services 50 Joseph Lee FC - Health Joseph Lee FC - Health Kok-long Services 38 Kok-long Services 29 Daniel Lam FC - Heung Yee Daniel Lam FC - Heung Yee Wai-keung Kuk 42 Wai-keung Kuk 33 Wong Ting- FC - Import and Wong Ting- FC - Import and kwong Export 59 kwong Export 57 Andrew Leung FC - Industrial Andrew Leung FC - Industrial Kwan-yuen First 89 Kwan-yuen First 65 FC - Industrial FC - Industrial Lui Ming-wah Second 54 Lui Ming-wah Second 47 FC - Information FC - Information Sin Chung-kai Technology 61 Sin Chung-kai Technology 56 Bernard Chan FC - Insurance 81 Bernard Chan FC - Insurance 73 Kwong Chi-kin FC - Labor 60 Kwong Chi-kin FC - Labor 55 Li Fung-ying FC - Labor 66 Li Fung-ying FC - Labor 86 Wong Kwok- Wong Kwok- hing FC - Labor 82 hing FC - Labor 52 Margaret Ng FC - Legal 44 Margaret Ng FC - Legal 52 Kwok Ka-ki FC - Medical 60 Kwok Ka-ki FC - Medical 62 Abraham Shek FC - Real Estate Abraham Shek FC - Real Estate Lai-him and Construction 93 Lai-him and Construction 63 Fernando Fernando Cheung Chiu- FC - Social Cheung Chiu- FC - Social hung Welfare 63 hung Welfare 53

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

FC - Sports, FC - Sports, Performing Arts, Performing Arts, Timothy Fok Culture and Timothy Fok Culture and Tsun-ting Publishing 39 Tsun-ting Publishing 34 Sophie Leung FC - Textiles and Sophie Leung FC - Textiles and Lau Yau-fun Garment 42 Lau Yau-fun Garment 49 Howard Young FC - Tourism 61 Howard Young FC - Tourism 70 Miriam Lau Kin- Miriam Lau yee FC - Transport 73 Kin-yee FC - Transport 72 Vincent Fang FC - Wholesale Vincent Fang FC - Wholesale Kang and Retail 71 Kang and Retail 54 Audrey Eu GC - Hong Kong Audrey Eu GC - Hong Kong Yuet-mee Island 82 Yuet-mee Island 69 GC - Hong Kong GC - Hong Kong Choy So-yuk Island 68 Choy So-yuk Island 61 Martin Lee Chu- GC - Hong Kong Martin Lee GC - Hong Kong ming Island 38 Chu-ming Island 37 Rita Fan Hsu GC - Hong Kong Rita Fan Hsu GC - Hong Kong Lai-tai Island N/A Lai-tai Island N/A GC - Hong Kong GC - Hong Kong Yeung Sum Island 65 Yeung Sum Island 52 GC - Hong Kong GC - Hong Kong Ma Lik Island 12 Ma Lik Island 27 Alan Leong GC - Kowloon Alan Leong GC - Kowloon Kah-kit East 57 Kah-kit East 67 Albert Cheng GC - Kowloon Albert Cheng GC - Kowloon Jinghan East 84 Jinghan East 60 GC - Kowloon GC - Kowloon Chan Kam-lam East 65 Chan Kam-lam East 57 GC - Kowloon Chan Yuen- GC - Kowloon Chan Yuen-han East 66 han East 46 Fred Li Wah- GC - Kowloon Fred Li Wah- GC - Kowloon ming East 71 ming East 59 Frederick Fung GC - Kowloon Frederick Fung GC - Kowloon Kin-kee West 62 Kin-kee West 28 James To Kun- GC - Kowloon James To Kun- GC - Kowloon sun West 90 sun West 78 Jasper Tsang GC - Kowloon Jasper Tsang GC - Kowloon Yok-sing West 57 Yok-sing West 50 GC - Kowloon GC - Kowloon Lau Chin-shek West 36 Lau Chin-shek West 36 Andrew Cheng GC - New Andrew Cheng GC - New Kar-foo Territories East 89 Kar-foo Territories East 66 Emily Lau Wai- GC - New Emily Lau Wai- GC - New hing Territories East 87 hing Territories East 92 James Tien GC - New James Tien GC - New Pei-chun Territories East 59 Pei-chun Territories East 70 GC - New GC - New Lau Kong-wah Territories East 62 Lau Kong-wah Territories East 53 Leung Kwok- GC - New Leung Kwok- GC - New hung Territories East 64 hung Territories East 58 GC - New GC - New Li Kwok-ying Territories East 97 Li Kwok-ying Territories East 50 Ronny Tong GC - New Ronny Tong GC - New Ka-wah Territories East 36 Ka-wah Territories East 50

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

Albert Chan GC - New Albert Chan GC - New Wai-yip Territories West 100 Wai-yip Territories West 58 Albert Ho Chun- GC - New Albert Ho GC - New yan Territories West 93 Chun-yan Territories West 74 Cheung Hok- GC - New Cheung Hok- GC - New ming Territories West 65 ming Territories West 57 GC - New GC - New Lee Cheuk-yan Territories West 58 Lee Cheuk-yan Territories West 61 GC - New GC - New Lee Wing-tat Territories West 74 Lee Wing-tat Territories West 65 Leung Yiu- GC - New Leung Yiu- GC - New chung Territories West 55 chung Territories West 37 Selina Chow GC - New Selina Chow GC - New Liang Shuk-yee Territories West 75 Liang Shuk-yee Territories West 60 GC - New GC - New Tam Yiu-chung Territories West 63 Tam Yiu-chung Territories West 68

48