CONSTITUTION AND ADMINISTRATION
The System of Government
Executive Council
The Executive Council is an organ for assisting the Chief Executive in policy making. Under Article 56 of the Basic Law, except for the appointment, removal and disciplining of officials and the adoption of measures in emergencies, the Chief Executive shall consult the Executive Council before making important policy decisions, introducing bills into the Legislative Council, making subordinate legislation, or dissolving the Legislative Council. The Chief Executive in Council also determines appeals, petitions and objections under those ordinances which confer a statutory right of appeal. If the Chief Executive does not accept a majority opinion of the Executive Council, he shall put the specific reasons on record.
As provided for in Article 55 of the Basic Law, Members of the Executive Council are appointed by the Chief Executive from among the principal officials of the executive authorities, Members of the Legislative Council and public figures. They are Chinese citizens who are permanent residents of the Hong Kong Special Administrative Region with no right of abode in any foreign country. Their appointment or removal is decided by the Chief Executive. The term of office of Members of the Executive Council may not extend beyond the expiry of the term of office of the Chief Executive who appoints them.
The Executive Council normally meets once a week, and its proceedings are confidential, although many of its decisions are made public. It is presided over by the Chief Executive.
Provisional Legislative Council
The Provisional Legislative Council (PLC) is an interim legislature to enable the smooth functioning of the HKSAR until its first Legislative Council can be formed. The main functions of the PLC are to enact laws, approve public expenditure, monitor the performance of the government and endorse the appointment of judges. (More details in Chapter 2).
Major 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 PLC becomes law after it is signed and promulgated by the Chief Executive.
Members of the council may raise questions on the work of the government. The council meets in public, normally on Wednesdays, to transact council business. All PLC meetings and almost all meetings of its committees and subcommittees are open to the public with simultaneous interpretation in Cantonese and English.
Up to December 31, 1997, the PLC held a total of 32 meetings 11 in Shenzhen and 21 in Hong Kong. It enacted 30 bills, while 319 questions and 512 supplementary questions were asked. During the year, 86 motions were debated at these meetings, with 56 motions raised by members including 18 on council procedural and administrative matters, nine on government legislative proposals and 29 relating to government policies which had no legislative effect. The Chief Executive, after delivering his first policy address in the council on October 8, 1997, attended a briefing session of the council, during which he took 29 questions from members.
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