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CONSTITUTION AND ADMINISTRATION

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. This is a matter for the government.

In addition to policy matters, the Governor in Council determines appeals, petitions and objections under those ordinances which confer a statutory right of appeal. The council also considers all principal legislation before it is introduced into the Legislative Council, and is responsible for making subsidiary legislation under numerous ordinances. The 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.

Legislative Council

the

The Legislative Council comprises 60 members. There are three ex officio members Chief Secretary, the Financial Secretary and the Attorney General and 57 non-official members. Of the 57 non-official members, 18 are appointed members and 39 are elected members. The appointed members are appointed by the Governor, with the approval of the Secretary of State. Among the elected members, 21 are elected by functional constituencies, each representing an economic, social or professional sector, and 18 elected by direct elections in geographical constituencies which cover the whole territory. The Governor was the President of the Legislative Council until February 19, 1993, when he handed over the presidency to a non-official member elected to that office by all non-official Legislative Councillors.

The chief functions of the Legislative Council are to enact laws, control public expenditure and put questions to the government 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 bills, is transacted by way of motions, which are decided by the majority of votes. Private bills, not representing government measures and intended to benefit particular persons, associations or corporate bodies, are introduced from time to time and enacted in the same way. 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 disallow- ance has not been used for many years.

Apart from the enactment of legislation, the business of the council includes 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 of the council in October each year, and the budget debate on financial and economic affairs concerning the annual Appropriation Bill which takes place in March.

Members of the council may also question the government on policy issues for which the government is responsible, either seeking information on such issues or asking for official action on them. Members may request either oral or written answers to the questions asked, and supplementary questions for the purpose of elucidating an answer already given may also be asked.

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