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CONSTITUTION AND ADMINISTRATION
The council usually meets once a week throughout the year. Its function is to advise the Governor, who is required by the Royal Instructions to consult it on all important matters of policy, subject to certain exceptions such as in cases of extreme urgency.
In accordance with Royal Instruction, the Governor decides on matters to be put before the council. However, should he not agree to a request by a member for discussion of a particular matter, a record of both request and refusal must be entered in the minutes of the council should the member so desire.
Decisions on matters considered by the council are taken by the Governor. But if he decides to act against the advice of the majority of members, he is required to report his reasons to the Secretary of State.
The Governor in Council - the Governor acting after receiving the advice of the council – is also the statutory authority for making regulations, rules and orders under a number of ordinances. The Governor in Council also considers appeals, petitions and objections under ordinances which confer such a statutory right of appeal.
Legislative Council
In August, 1980, the maximum potential membership of the Legislative Council was increased from 50 to 54 - comprising 27 official members (including the Governor and four ex-officio members: the Chief Secretary, the Financial Secretary, the Attorney General and the Secretary for Home Affairs) and 27 unofficial members. The present actual membership is 24 official and 27 unofficial members, which leaves room for expansion within the approved maximum when the need arises. All members, except the Governor and other ex-officio members, are appointed by the Queen or the Governor on the instructions of the Secretary of State.
The primary functions of the Legislative Council are the enactment of legislation and control over the expenditure of public funds. The Queen has the power to disallow laws passed by the council and assented to by the Governor. In addition, laws having effect within Hong Kong may also be made by the Parliament of the United Kingdom and by the Queen by Order in Council, in exercise either of prerogative powers or of powers conferred by an English Act of Parliament.
The council meets in public once every two weeks throughout the year, except for a recess of about two months in August and September. A wide-ranging debate on government policy follows the Governor's address at the opening of the new session of the council in October each year. The budget debate on financial and economic affairs takes place in February and March each year during the second reading of the Appropriation Bill.
The Finance Committee of the Legislative Council consists of the Chief Secretary (Chairman), the Financial Secretary, the Secretary for Lands and Works and all the unofficial members of the council. It meets in private for the scrutiny of public expenditure, both at special meetings held in March - at which members examine the draft Estimates of Expenditure and at regular meetings held throughout the year when requests for supplementary provisions and financial commitments are considered. It has two sub- committees, the Establishment Sub-Committee and the Public Works Sub-Committee. The Establishment Sub-Committee examines staffing proposals for directorate posts and for the creation of new ranks in detail, and makes recommendations on them to the Finance Committee. It also examines proposals for reviews of the establishments of departments. The Public Works Sub-Committee reviews the progress and priority of capital works in the Public Works Programme, and makes recommendations to the Finance Committee on proposals for changes to the programme.