CONSTITUTION AND ADMINISTRATION
Central Government
Executive Council
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The Executive Council consists of four ex-officio members the Chief Secretary, the Commander British Forces, the Financial Secretary and the Attorney General - together with other members who are appointed by the Governor on the instructions of the Secretary of State. There are, as at December 31, 1985, 10 appointed members - eight unofficial and two official. Appointed members hold office for fixed periods.
The council meets once a week in camera, and its proceedings remain confidential, although 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 Executive Council, then 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 has a maximum membership of 57, comprising the Governor, who is the President; three ex-officio members, namely the Chief Secretary, the Financial Secretary and the Attorney General; seven Official Members, 22 Appointed Members and 24 Elected Members.
The official members and appointed 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. Appointed members can be appointed for
up to three years and may be reappointed for further periods of not more than three
years each.
Elected members took their seats following the first-ever election held on September 26, 1985. They were returned from nine functional constituencies and from 12 electoral colleges comprising the members of the district boards, the Urban Council and the Provisional Regional Council.