HONG KONG 2004 - Constitution and Administration

As provided for in Article 73 of the Basic Law, the Legislative Council of the HKSAR:

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

The 60 members of the third term of the 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 among members of the Council.

The third term of office of the 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 (2004-2008).

The Legislative Council normally meets on Wednesday afternoons in the Chamber of the Legislative Council Building to conduct its business, including tabling of 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 debates on motions concerning matters of public interest.

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

During the 2003-2004 legislative session (from October 2003 to July 2004), the Legislative Council held 36 meetings, four of which were devoted to the Chief Executive's Question and Answer Sessions. The Council passed 37 bills and asked 612 questions and 909 supplementary questions. Altogether, 179 items of subsidiary legislation were tabled in the Council for consideration through the negative vetting procedure. The scrutiny of 167 items was completed, with nine amended by the Council through the passage of motions moved by the Government. The 25 resolutions moved by the Government through the positive vetting procedure to either make new or amend existing subsidiary legislation, were all passed by the Council. Apart from those relating to subsidiary legislation, motions may be moved by members to exercise the Council's power under the Basic Law, to amend the Council's Rules of Procedure, or to invoke the Council's powers under the Legislative Council (Powers and Privileges) Ordinance. During the report period, the Council passed a motion to appoint a Select Committee to inquire into the handling of the Severe Acute Respiratory Syndrome outbreak by the Government and the Hospital Authority, and to authorise the Select Committee to order the attendance of witnesses and production of documents in the performance of duties. The Council debated 59 motions moved by members on issues concerning public interests. One adjournment debate was moved by a member to allow members to express opinions on an issue concerning public interests, with a view to eliciting a reply from the Government.

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 during proceedings related to the Appropriation Bill, which sets out the Government's annual expenditure proposals for the following financial year. During the 2003-2004 session, the Committee held 14 meetings and examined 52 financial proposals.

There are two subcommittees under the Finance Committee: 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 2003-2004 session, the Subcommittee held six meetings and examined 16 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 2003-2004 session, the Subcommittee held 12 meetings and examined 58 proposals, covering 62 projects and the Block Allocations for 2004-2005, 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 and 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 session under review, the Committee continued its study of three chapters in the Director of Audit's Report No. 40 relating to the University Grants Committee funded institutions. It also examined the Director of Audit's Report on the Accounts of the Government for the year ending March 31, 2003 and the Reports on the Results of Value for Money Audits (Reports Nos. 41 and 42). The Committee held 14 public hearings and 31 internal meetings during the period. The conclusions and recommendations of the Committee are contained in the Committee's Reports Nos. 40A, 41 and 42, which were tabled in the Legislative Council on November 19, 2003, February 25, 2004 and June 23, 2004 respectively.

The Committee on Members' Interests comprises seven members who are appointed by the President of the Legislative Council. It considers matters pertaining to the declaration of 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. The Committee examines arrangements for the compilation, maintenance and accessibility of the Register of Members' Interests. The Committee did not hold any meetings during the session.

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 2003-2004 session, the House Committee held 30 regular meetings.

The House Committee also holds special meetings to discuss issues of public concern. During the session under review, the House Committee held two special meetings to discuss issues of public concern with the Chief Secretary for Administration.

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 appointed by the President of the Legislative Council. During the session under review, the Committee held six meetings.

Any member, other than the President, may join a bills committee formed by the House Committee to consider the principles and general merits of a bill allocated for scrutiny. It may also consider the detailed provisions and amendments relevant to the bill. A bills committee usually tables a report in Council and is dissolved on the passage of the bill or when the House Committee so decides. During the 2003-2004 session, the Legislative Council set up 35 bills committees to scrutinise bills introduced into the Council, including the Buildings (Amendment) Bill 2003, Companies (Amendment) Bill 2003, Education (Amendment) Bill 2002, Human Organ Transplant (Amendment) Bill 2001, Land Titles Bill, Landlord and Tenant (Consolidation) (Amendment) Bill 2003, Town Planning (Amendment) Bill 2003, and United Nations (Anti-Terrorism Measures) (Amendment) Bill 2003.

During the 2003-2004 session, 14 subcommittees were formed by the House Committee to consider 18 items of subsidiary legislation tabled in Council, and six proposed resolutions presented by the Government for the Council's approval.

The Legislative Council has established 18 panels to monitor and examine the Government's policies and issues of public concern which 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 matters or bills. Select Committees report to the Council after they have completed 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, 2001 to inquire into the matter. The Select Committee submitted its first report to the Council on January 22, 2003 and its second report on May 12, 2004.

The Legislative Council also appointed a Select Committee on October 29, 2003 to inquire into the handling of the Severe Acute Respiratory Syndrome outbreak by the Government and the Hospital Authority in order to examine the performance and accountability of the Government and the Hospital Authority and their officers at policy-making and management levels in that regard. The Select Committee held 30 public hearings between December 13, 2003 and April 24, 2004 to take oral evidence from 73 witnesses. It submitted its report to the Council on July 9, 2004.

The Legislative Council operates a redress system under which 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 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 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 and consists of 12 other members. The Commission's main function is to provide support and services for the Legislative Council through the Council's Secretariat. It is empowered to employ staff of the 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.