ENG-1998 — Page 36

CONSTITUTION AND ADMINISTRATION

8

The System of Government

Executive Council

The Executive Council is an organ for assisting the Chief Executive in making policy. 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 or she shall put the specific reasons on record.

The Executive Council has 14 members. 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 does not extend beyond the expiry of the term of office of the Chief Executive who appoints them.

The Executive Council normally meets weekly, and its proceedings are confidential, although many of its decisions are made public. It is presided over by the Chief Executive. During the year, the Executive Council held a total of 43 meetings.

Provisional Legislative Council

For the first half of 1998, the Provisional Legislative Council (PLC) continued to serve as an interim legislature. It enacted laws, examined and approved the budget introduced by the government, approved public expenditure, received and debated the Chief Executive's policy address and endorsed the appointment of judges before the formation of the first Legislative Council of the HKSAR. It enacted the Legislative Council Ordinance (Cap. 542) that provides the statutory mechanism for the election of the first Legislative Council of the HKSAR,

From January 1998 until the end of its term on June 30, the PLC scrutinised and passed 33 pieces of legislation essential to the operation of the HKSAR. Its key accomplishments included the approval of the first Budget for the HKSAR and the passage of the Provident Fund Schemes Legislation (Amendment) Bill 1997.

The 1998-99 Budget, introduced by way of the Appropriation Bill 1998 on February 18, 1998, was referred to the Finance Committee for scrutiny before being debated upon and was passed on March 18.

The Provident Fund Schemes Legislation (Amendment) Bill 1997 seeks to amend the Mandatory Provident Fund Schemes Ordinance and 11 related ordinances. In view of the wide public concern about retirement protection, a bills committee was set up to scrutinise the bill. It was established in December 1997 and held 31 meetings during which 15 organisations presented their views, and some amendments were endorsed when the legislation was subsequently passed at the council meeting on February 25.