CONSTITUTION AND ADMINISTRATION
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Secretary for Home Affairs - together with other members who are appointed by the Governor on the instructions of the Secretary of State. Since 1978 there have been 10 appointed members, nine unofficial and one official.
Appointed members hold office for fixed periods. Should they leave Hong Kong during their term of office, alternate members are appointed to take their place for the duration of the appointed members' absence.
The council meets once a week throughout the year. It meets in camera, and its proceedings remain confidential, but many of its decisions are made public. The function of the council is to advise the Governor, who is required by the Royal Instructions to consult it on all important matters of policy, other than those which are too urgent to allow the council to be consulted (in which case the Governor must explain to the council as soon as possible what action he has taken). The Executive Council's advice on matters of policy involving the expenditure of public funds is subject to the approval of the necessary funds by the Finance Committee of the Legislative Council. The council also considers all principal legislation before it is introduced into the Legislative Council, and it is responsible for making subsidiary legislation (regulations) under a number of ordinances.
Under the Royal Instructions it is the prerogative of the Governor to decide what matters should be put before the council. Should a member request the discussion of a specific matter and the Governor refuses his permission, then a record of both the request and the refusal must be entered in the minutes of the council, should the member so desire. Constitutionally, the council advises the Governor who then makes a decision. If he decides to act against the advice of the majority of members, the Governor is required to report his reasons to the Secretary of State.
The Governor-in-Council – the Governor acting after consulting the Executive Council – also considers appeals, petitions and objections under those ordinances which confer a statutory right of appeal.
Legislative Council
The Legislative Council is constituted by virtue of the Letters Patent, and its primary function is the enactment of legislation, including legislation for the appropriation of public funds. A Bill passed by the Legislative Council does not become law until the Governor gives his assent to it; after the Governor's assent, a Bill becomes an ordinance without being subject to external approval, although the Queen has reserve powers to disallow an ordinance. The power of disallowance has not been used for very many years.
The Legislative Council currently has a maximum membership of 54, comprising 27 official members, including the Governor, who is the President, 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
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is 23 official and 27 unofficial members.
All members, except the Governor and other ex-officio members, are appointed by the Governor with the approval of the Secretary of State. Official members normally remain appointed for as long as they hold office under the Crown in Hong Kong, while unofficial members can be appointed for up to four years and may be re-appointed for further periods of not more than four years each.
The Legislative Council meets in public once every two weeks throughout the year, except for a recess of about two months in August and September, in the Council Chamber attached to the Central Government Offices. Proceedings are bilingual; members may