POWERS OF LEGCO UNDER THE LETTERS PATENT (LP) AND
ROYAL INSTRUCTIONS (RI)
1. LegCo's main functions are the passing of laws and
debate.
2.
The Governor may only make laws with the consent of LegCo (LP VII) save in emergency situations where he has limited powers to make certain laws.
3. Bills are passed by a simple majority, with the
President (ie the Governor) having an original vote, in
common with the other members, and a casting vote if the number of votes cast is equal (RI XXII).
4.
The Governor is not obliged to give assent to any laws
passed by LegCo (LP X); indeed there are several categories
of laws he may not assent to and which require assent from
the sovereign power (RI XXVI).
5. HMG can direct the Governor not to assent to a Bill and
can disallow any law (LP VIII).
6.
LegCo's most significant power is the control of HKG's
finances. Since the Governor has no reserve powers of
legislation (save in emergencies), this means that if LegCo refuses to pass an Appropriation Bill, the Government cannot function. LegCo votes on two main Appropriation Bills:
during March for a three month vote on account period and in
May for the main Appropriation Bill.
7. After that, LegCo may not vote to reduce any Head of
Expenditure in a given financial year, unless such a proposal is moved by an official (on behalf of the
Governor). However, the estimates put to LegCo are highly detailed and LegCo could seek to query individual items of
expenditure.
LEGAGS/2
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