CONSTITUTION AND ADMINISTRATION
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.
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
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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 non-official members, 18 are appointed by the Governor with the approval of the Secretary of State, and 39 are elected. Among the elected members, 21 come from functional constituencies, each representing an economic, social or professional sector; and 18 are returned by direct elections in geographical constituencies which cover the whole territory. The President of the Legislative Council is elected among the non-official members themselves.
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. 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 becomes law when it receives the Governor's assent, which is normally given on the day following its third reading. 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 dis- allowance has not been used for many years. During the 1993–94 Legislative Council session, 104 bills were passed 20 more than in 1992-93.
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 the budget debate on financial and economic affairs concerning the annual Appropriation Bill, which takes place in March.
Members of the council may question the government on policy issues for which the latter 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, and may put forward supplementary questions for the purpose of elucidating an answer already given.
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