Under the Basic Law, the Chief Executive is selected by election or through consultations held locally, and appointed by the Central People's Government. Annex I to the Basic Law lays down the basic framework as to how the Chief Executive shall be selected through local election. It provides, inter alia, that the Chief Executive shall be elected by a broadly representative Election Committee through secret ballot on a one-person-one-vote basis.

    In July 2001, the Legislative Council enacted the Chief Executive Election Ordinance. This piece of legislation provides the domestic legal basis for holding the Chief Executive election in the HKSAR in accordance with the basic framework of the Basic Law. Among other things, it stipulates that the Chief Executive election shall be held on the first Sunday 95 days before the office of the incumbent Chief Executive becomes vacant.

    In accordance with the Basic Law, the Election Committee responsible for electing the second term Chief Executive in 2002 is one and the same as the Election Committee that returned six members to the second term Legislative Council in 2000. (For the composition of the Election Committee, see the relevant section under Electoral System for the Legislative Council)

    Since only one candidate, Mr Tung Chee Hwa, was validly nominated at the close of nominations, he was therefore declared elected at the 2002 Chief Executive Election by the Returning Officer in accordance with the Chief Executive Election Ordinance, on February 28, 2002. On March 4, the CPG formally announced, in accordance with the Basic Law, the appointment of Mr Tung Chee Hwa as the second term Chief Executive.

    The Basic Law provides that changes to the method for selecting the Chief Executives for the terms subsequent to the year 2007 must be made with the endorsement of a two-thirds majority of all the members of the Legislative Council and the consent of the Chief Executive. Such changes are to be reported to the Standing Committee of the National People's Congress for approval.

    The Basic Law provides that the ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.

Electoral System for the District Councils

Eighteen District Councils are established in the HKSAR to advise the Government on district affairs and to promote recreational and cultural activities, and environmental improvements within the districts. A District Council is composed of elected members, appointed members, and, in the case of District Councils in rural areas, the chairmen of Rural Committees as ex officio members. For the first term of the District Councils (DCs), the HKSAR is divided into 390 constituencies, in each of which a member is elected. In the light of the significant increase in population in certain districts, 10 elected seats will be added for the second term of DCs. Relevant legislation has been enacted to give effect to this increase. The election for the second term DCs will be held on November 23, 2003. The simple majority method is adopted in DC elections.

Electoral Affairs Commission

The Electoral Affairs Commission, an independent statutory body, is responsible for ensuring that elections in the HKSAR are conducted openly, honestly and fairly. It comprises three politically neutral persons appointed by the Chief Executive and is headed by a High Court judge. The commission is responsible for making recommendations to the Chief Executive on the delineation of geographical constituencies and District Council constituencies, making regulations on practical arrangements for the Legislative Council election, the District Council election and the Chief Executive election, and handling complaints relating to these elections. Its executive arm is the Registration and Electoral Office, a government department headed by the Chief Electoral Officer. The department works under the commission's direction and carries out its decisions.