CONSTITUTION AND ADMINISTRATION
The System of Government
Executive Council
The Executive Council consists of three ex officio members the Chief Secretary, the Financial Secretary and the Attorney General — and 10 other members appointed by the Governor with the approval of the Secretary of State, including one official. The council normally meets once a week, and its proceedings are confidential, although many of its decisions are made public.
The Governor is required by the Royal Instructions to consult the council on all important matters of policy. The Governor in Council the Governor acting after consulting the Executive Council is Hong Kong's central and highest executive authority on policy matters. In practice, decisions are arrived at by consensus rather than by division. Members tender their advice in an individual capacity, and the council is collectively responsible for the decisions made by the Governor in Council. Individual non-official members do not hold personal responsibility for given subjects or portfolios. That is a matter for the government.
Besides policy matters, the Governor in Council determines appeals, petitions and objections under those ordinances which confer a statutory right of appeal. The Executive Council also considers all principal legislation before it is introduced into the Legislative Council, and is responsible for making subsidiary legislation. Its 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.
Legislative Council
The Legislative Council has 60 members. Thirty members come from functional constituencies, each representing an economic, social, professional or other sector of the community; 20 are returned by direct elections in geographical constituencies which cover the whole territory; and 10 are elected by the Election Committee Constituency comprising members of the district boards. Legislative Councillors elect one of their fellow members as President.
The Legislative Council's procedures are governed by its Standing Orders, which derive their authority from the Hong Kong Royal Instructions, and by the Legislative Council (Powers and Privileges) Ordinance. The main functions of the Legislative Council are to enact laws, control public expenditure and monitor the performance of the government by putting forward questions on matters of public interest. The government is responsible for initiating legislative and public funding proposals to the Legislative Council for consideration.
Legislation is enacted in the form of bills. Most business, including the passage of bills, is transacted by way of motions, which are decided by the majority of the members present. A bill passed by the Legislative Council becomes law when it receives the Governor's assent. 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. During the 1994-95 Legislative Council session, 120 bills were passed 16 more than in 1993–94.
Apart from the enactment of legislation, the council holds two major debates in each legislative session: a wide-ranging debate on government policies which follows the Governor's address at the opening of the new session in October each year; and
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