The System of Government
Legislative Council
Powers and Functions
As provided for in Article 73 of the Basic Law, the Legislative Council of the Hong Kong Special Administrative Region exercises the following powers and functions:
- To enact, amend or repeal laws in accordance with the provisions of the Basic Law and legal procedures;
- To examine and approve budgets introduced by the Government;
- To approve taxation and public expenditure;
- To receive and debate the policy addresses of the Chief Executive;
- To raise questions on the work of the Government;
- To debate any issue concerning public interests;
- To endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court;
- To receive and handle complaints from Hong Kong residents;
- If a motion initiated jointly by one-fourth of all the Members of the Legislative Council charges the Chief Executive with serious breach of law or dereliction of duty and if he or she refuses to resign, the council may, after passing a motion for investigation, give a mandate to the Chief Justice of the Court of Final Appeal to form and chair an independent investigation committee. The committee shall be responsible for carrying out the investigation and reporting its findings to the council. If the committee considers the evidence sufficient to substantiate such charges, the council may pass a motion of impeachment by a two-thirds majority of all its members and report it to the Central People's Government for decision; and
- To summon, as required when exercising the above-mentioned
powers and functions, persons concerned to testify or give evidence.
Composition
Under the Basic Law, the Legislative Council of the HKSAR shall be constituted by election. The election of the second term of the Legislative Council was held on September 10, 2000.
The 60 members of the second term of the Legislative Council comprise 24 members returned by geographical constituencies through direct elections, 30 members returned by functional constituencies representing different sectors of the community, and six members returned by an Election Committee comprising 800 elected representatives of the community. The President of the Legislative Council is elected by and from among members of the council.
The
second term of office of the Legislative Council began on October 1, 2000,
and in accordance with the Basic Law and the Legislative Council Ordinance,
the term of office is four years (2000-2004).
Meetings of the Legislative Council
The Legislative Council normally meets on Wednesday afternoons in the Chamber of the Legislative Council Building to conduct business which includes the tabling of subsidiary legislation and other papers and reports for the council's consideration; asking of questions for replies by the Government; the introduction and consideration of bills and proposed resolutions; and debates on motions concerning matters of public interest.
All Legislative Council meetings are open to the public and are conducted in Cantonese, Putonghua or English with simultaneous interpretation provided. The proceedings of the meetings are recorded verbatim in the Official Record of Proceedings of the Legislative Council.
During the 2000-2001 legislative session (from October 2000 to September 2001), the Legislative Council held 37 meetings. Three of these were devoted to the Chief Executive's Question and Answer Sessions. The council passed a total of 29 bills and asked 610 questions and 986 supplementary questions. Altogether, 262 items of subsidiary legislation were tabled in the council for consideration; 223 of these were not amended, six were amended and nine were repealed by resolution of the council. The Administration also moved 11 motions relating to subsidiary legislation for the council's positive approval by resolution. Members of the council moved 117 motions; 60 of these related to subsidiary legislation, five concerned the council's procedural matters, and 52 were for debate on a wide spectrum of issues of public interest.
Besides
transacting business at council meetings, Members of the Legislative Council
also perform other important duties including scrutinising bills, controlling
public expenditure and monitoring the work of the Government through a
system of committees. There are three standing committees, namely the
Finance Committee, the Public Accounts Committee and the Committee on
Members' Interests. The Legislative Council also has a House Committee,
a Committee on Rules of Procedure and 18 panels. Bills committees are
formed on a need basis to examine bills introduced into the council.
Finance Committee
The Finance Committee consists of all Members of the Legislative Council except the President. The Chairman and the Deputy Chairman of the committee are elected from among its members. The committee normally meets in public on Friday afternoons to scrutinise and approve public expenditure proposals put forward by the Government. Its work includes the scrutiny of the annual Budget presented by the Financial Secretary to the Legislative Council in the form of an Appropriation Bill, which sets out the Government's annual expenditure proposals for the following financial year. During the 2000-2001 session, the committee held 19 meetings and examined a total of 77 financial proposals.
Two subcommittees have been set up under the Finance Committee. They are the Establishment Subcommittee and the Public Works Subcommittee, both of which also conduct meetings in public. Their respective memberships are open to all members of the Finance Committee.
The Establishment Subcommittee examines and makes recommendations to the Finance Committee on the Government's proposals for the creation, redeployment and deletion of directorate posts, and for changes to the structure of grades and ranks in the Civil Service. During the 2000-2001 session, the subcommittee held 10 meetings and examined a total of 43 proposals put forward by the Administration.
The
Public Works Subcommittee examines and makes recommendations to the Finance
Committee on the Government's expenditure proposals under the Capital
Works Reserve Fund for projects in the Public Works Programme and building
projects carried out by or on behalf of subvented organisations. During
the 2000-2001 session, the subcommittee held 21 meetings and examined
a total of 102 proposals put forward by the Administration.
Public Accounts Committee
The Public Accounts Committee (PAC) considers reports of the Director of Audit on the accounts and the results of value-for-money audits of the Government and other organisations that are within the purview of public audit. It may invite government officials and staff of public organisations to attend public hearings to give explanations, evidence or information, or any other persons to assist it in relation to such explanations, evidence or information. The PAC's seven members are appointed by the President of the Legislative Council in accordance with an election procedure determined by the House Committee.
During
the session under review, the PAC examined the Director of Audit's Report
on the Accounts of the Government of the HKSAR for the year ended March
31, 2000 and the Director's Reports on the Results of Value for Money
Audits. The PAC held 15 public hearings and 29 internal meetings during
the period. The conclusions and recommendations of the committee are contained
in PAC Report Nos. 35 and 36 tabled in the Legislative Council on February
14 and July 4, respectively.
Committee on Members' Interests
The Committee on Members' Interests considers matters
pertaining to members' declaration of interests and matters of ethics
in relation to their conduct. It is also empowered to investigate complaints
regarding members' registration and declaration of interests, and make
recommendations to the council relating to matters concerning members'
interests. The committee examines arrangements for the compilation, maintenance
and accessibility of the Register of Members' Interests. The committee
comprises seven members who are appointed by the President of the Legislative
Council in accordance with an election procedure determined by the House
Committee.
House Committee
The House Committee consists of all members except the President. The Chairman and the Deputy Chairman of the committee are elected by the members of the House Committee. The committee normally meets on Friday afternoons and is responsible for dealing with matters related to the work of the Legislative Council and preparing members for council meetings. It decides whether bills committees or subcommittees should be formed to scrutinise bills and subsidiary legislation that have been introduced into the Legislative Council. During the 2000-2001 session, a total of 36 regular meetings of the House Committee were held.
The
House Committee also holds special meetings to discuss issues of public
concern. During the session under review, the House Committee held a special
meeting to discuss with the new Chief Secretary for Administration his
plans and aspirations and other issues of public concern.
Committee on Rules of Procedure
The Committee on Rules of Procedure is responsible for reviewing the Rules of Procedure of the Legislative Council and its committees, and proposing to the council such amendments or changes as are considered necessary. The committee consists of 12 members who are appointed by the President of the Legislative Council in accordance with an election procedure determined by the House Committee.
During
the session under review, the committee held a total of nine meetings
and deliberated on a wide range of subjects, in particular those which
would enhance the effectiveness of the council in examining government
policies and scrutinising legislative and financial proposals. In this
connection, the committee conducted a review on the working mechanism
of panels and bills committees and recommended a series of measures to
ensure early consultation panels on the Government's legislative and financial
proposals, and to allow more thorough discussion of such proposals before
their formal presentation to the council. The committee also proposed
the implementation, on a trial basis, of a new mode of debate on the Chief
Executive's Policy Address in October, with a view to making the debate
more structured and focused.
Bills Committees
Any member, other than the President, may join a bills
committee formed by the House Committee to consider the principles and
merits of a bill allocated to it for scrutiny. It may also consider the
detailed provisions of the bill and propose amendments relevant to the
bill. A bills committee usually tables a report in council after it has
completed its task. It is dissolved on the passage of the bill concerned
through the Legislative Council or when the House Committee so decides.
During the 2000-2001 session, the Legislative Council set up 41 bills
committees to scrutinise bills introduced into the council, including
the Banking (Amendment) Bill 2000, Chief Executive Election Bill, Copyright
(Suspension of Amendments) Bill 2001, Fixed Penalty (Public Cleanliness
Offences) Bill, Gambling (Amendment) Bill 2000, and the Securities and
Futures Bill.
Panels
The Legislative Council has established 18 panels to
monitor and examine the Government's policies. These panels also give
views on major legislative or financial proposals before their introduction
into the Legislative Council or the Finance Committee, and examine important
issues of wide public concern referred to them.
Select Committee
The Legislative Council may appoint select committees to enable members to consider matters in depth. Select committees report their findings and recommendations to the council after they have completed their consideration of such matters.
In
response to public concern over the quality of public housing, the Legislative
Council appointed a select committee on February 7 to inquire into the
matter.
Redress System
The Legislative Council operates a redress system under
which members of the public can seek assistance for any grievance resulting
from implementation of government actions or policies and lodge complaints
against government departments and other organisations. The redress system
operates on a weekly roster with groups of six council members taking
turns to receive and handle complaints and representations from the public.
They also take turns to be on 'ward duty' during their duty week to meet
individual complainants and to give guidance to staff in processing cases.
The Legislative Council Commission and Secretariat
The Legislative Council Commission is a statutory body independent of the Government. It is chaired by the President of the Legislative Council and consists of 12 other members. The commission's main function is to provide support and services to the Legislative Council through the Legislative Council Secretariat. It is empowered to employ staff of the Legislative Council Secretariat and oversee its work, determine the organisation and administration of support services and facilities, formulate and execute policies on their effective operation and expend funds in ways it sees fit to support these activities.
The Legislative Council Secretariat is headed by the Secretary General. It provides support services to the Legislative Council through:
- servicing of meetings of the Legislative Council and its committees including the provision of legal and research services;
- facilitating communication with and among members in relation to the business of the Legislative Council;
- collating public views on the business of the Legislative Council; and
- promoting public understanding of the work of the Legislative Council.