Hong Kong 2006 - Constitution and Administration

Under Article 73 of the Basic Law, the Legislative Council of the Hong Kong Special Administrative Region shall exercise the following powers and functions:

Under the Basic Law, the Legislative Council of the HKSAR is constituted by election. The election for the Third Legislative Council was held on September 12, 2004.

The 60 members of the Third Legislative Council comprise 30 members returned by geographical constituencies through direct elections and 30 members returned by functional constituencies representing various sectors of the community. The President of the Legislative Council is elected by and from members of the council.

The term of office of the Third Legislative Council began on October 1, 2004, and in accordance with the Basic Law and the Legislative Council Ordinance, the term of office is four years (2004-08).

The Legislative Council normally meets on Wednesdays in the Chamber of the Legislative Council Building to conduct its business, including tabling subsidiary legislation and other papers and reports for the council's consideration; asking questions for replies by the Government; introducing and considering bills and proposing resolutions and debating motions concerning matters of public interest.

All Legislative Council meetings are open to the public and are conducted in Cantonese and English, and occasionally in Putonghua, with simultaneous interpretation provided. The proceedings are recorded verbatim in the Official Record of Proceedings of the Legislative Council.

During the 2005-06 legislative session (from October 2005 to August 2006), the council held 37 meetings, five of which were devoted to the Chief Executive's Question and Answer Sessions. The council passed 25 bills and asked 598 questions and 1 003 supplementary questions. Altogether, 220 items of subsidiary legislation were tabled in the council for consideration through the negative vetting procedure. The scrutiny of 204 items was completed, with six of them amended by the council through the passage of motions moved by the Government. The scrutiny of the remaining 16 items continued in the next session. In addition, the council completed the scrutiny of 18 items of subsidiary legislation, which had been tabled in the previous session. The Government proposed 22 resolutions through the positive vetting procedure to either make new or amend existing subsidiary legislation, and all were passed by the council.

Apart from those relating to subsidiary legislation, seven motions to amend the Rules of Procedure were passed. The council debated 55 members' motions with no legislative effect and three adjournment motions on issues concerning public interests during the 2005-06 legislative session.

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 during the proceedings related to the Appropriation Bill, which sets out the Government's annual expenditure proposals for the following financial year. During the 2005-06 session, the committee held 21 meetings and examined 43 financial proposals.

There are two subcommittees under the Finance Committee: the Establishment Subcommittee and the Public Works Subcommittee, which also conduct meetings in public. Membership of both is 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 2005-06 session, the subcommittee held six meetings and examined 20 proposals put forward by the Government.

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 2005-06 session, the subcommittee held 12 meetings and examined 61 proposals, covering 60 projects and the Block Allocations for 2006-07 put forward by the Government.

The Public Accounts Committee considers reports of the Director of Audit on the accounts of the Government and the results of his value-for-money audits of government departments and other organisations that are within the purview of public audit. It may invite government officials, public organisations or any other persons to attend public hearings to give explanations, evidence or information. The seven members of the committee are appointed by the President of the Legislative Council in accordance with the election procedure determined by the council's House Committee.

During the 2005-06 session, the committee examined the Director of Audit's Report on the Accounts of the Government for the year ended March 31, 2005 and the Reports on the Results of Value-for-Money Audits (Reports Nos. 45 and 46). The committee held 12 public hearings and 40 internal meetings during the period. The conclusions and recommendations of the committee are contained in the committee's Reports Nos. 45 and 46, which were tabled in the Legislative Council on February 15, 2006 and July 12, 2006 respectively.

The Committee on Members' Interests comprises seven members who are appointed by the President of the Legislative Council in accordance with the election procedure determined by the council's House Committee. It considers matters pertaining to the declaration of interests, such as the arrangements for the compilation, maintenance and accessibility of the Register of Members' Interests, and matters of ethics in relation to the conduct of members of the Legislative Council. It is also empowered to consider and investigate complaints regarding members' registration and declaration of interests, and make recommendations to the council relating to matters concerning members' interests.

During the 2005-06 session, the committee held seven meetings to review the registration requirements for remunerated directorships and consider a proposal for the committee to take up the additional responsibility for handling complaints relating to members' operating expenses reimbursement claims and applications for advance of operating expenses. A motion to amend the Rules of Procedure to implement the proposal was moved and passed at the council meeting held on July 5, 2006. The committee also made consequential amendments to its procedure for handling complaints.

The House Committee, which consists of all members except the President, elects its Chairman and the Deputy Chairman. 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. During the 2005-06 session, the House Committee held 32 regular meetings.

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 the election procedure determined by the council's House Committee. During the report period, the committee held five meetings.

Any member, other than the President, may join a bills committee formed by the House Committee to consider the general merits and principles of a bill allocated for scrutiny. A bills committee may also consider the detailed provisions of and amendments to the bill. It usually tables a report in council and is dissolved on the passage of the bill or when the House Committee so decides. During the 2005-06 session, the Legislative Council set up nine bills committees to scrutinise bills introduced into the council, namely the Chief Executive Election and Legislative Council Election (Miscellaneous Amendments) Bill 2006, Interception of Communications and Surveillance Bill, Copyright (Amendment) Bill 2006, Betting Duty (Amendment) Bill 2006, Safety of United Nations and Associated Personnel Bill, Hazardous Chemicals Control Bill, Rail Merger Bill, Prevention of Cruelty to Animals (Amendment) Bill 2006 and Unsolicited Electronic Messages Bill. A total of 26 bills committees, including those carried forward from the previous session, were in operation during the 2005-06 session.

During the 2005-06 session, the House Committee formed 14 subcommittees to consider 20 items of subsidiary legislation, and three proposed resolutions presented by the Government for the council's approval.

The House Committee may also appoint subcommittees to assist in the consideration of any other matters relating to the business of the council. Three such subcommittees were appointed during the 2005-06 session.

The Legislative Council has established 18 panels to monitor and examine the Government's policies and issues of public concern that relate to their respective policy areas. These panels also give views on major legislative or financial proposals before their introduction into the Legislative Council or the Finance Committee and examine relevant policy matters referred to them.

The Legislative Council may appoint select committees to enable members to consider particular matters or bills. Select committees report to the council after they have completed consideration of such matters. No select committee was appointed during the report period.

The Legislative Council operates a redress system under which members of the public may seek assistance for redressing any grievance resulting from 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 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 give guidance to staff in processing cases.

The Legislative Council Commission is a statutory body independent of the Government. It is chaired by the President of the Legislative Council. In the 2005-06 session, the commission comprised 10 members, including the chairman. The commission's main function is to provide support and services for 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. Its mission is to provide efficient administrative, secretariat and research support for the council and its committees, enhance the community's understanding of the activities of the council and ensure an effective avenue for redress.