ENG-1998 — Page 41

CONSTITUTION AND ADMINISTRATION

The nomination period for the general election for the first Legislative Council of the HKSAR ran from April 9 to 24, and the PLC held its last meeting on April 7, ending early on April 8. Members passed a valedictory motion to mark the conclusion of the PLC's mission. At the request of the administration, the Finance Committee nevertheless held an urgent meeting on April 23 to approve financial assistance to mariculturists affected by 'red tide'. In accordance with the decision of the Preparatory Committee for the HKSAR, the PLC formally ceased its work on June 30.

The First Legislative Council of the HKSAR

As provided for in Article 73 of the Basic Law, the Legislative Council of the HKSAR exercises the following powers and functions:

1. To enact, amend or repeal laws in accordance with the provisions of the Basic

Law and legal procedures;

2. To examine and approve budgets introduced by the government;

3. To approve taxation and public expenditure;

4. To receive and debate the policy addresses of the Chief Executive;

5. To raise questions on the work of the government;

6. To debate any issue concerning public interests;

7. To endorse the appointment and removal of the judges of the Court of Final

Appeal and the Chief Judge of the High Court;

8. To receive and handle complaints from Hong Kong residents;

9. If a motion initiated jointly by one-fourth of all the Members of the Legislative Council charges the Chief Executive with serious breach of law or dereliction of duty and if he or she refuses to resign, the council may, after passing a motion for investigation, give a mandate to the Chief Justice of the Court of Final Appeal to form and chair an independent investigation committee. The committee shall be responsible for carrying out the investigation and reporting its findings to the council. If the committee considers the evidence sufficient to substantiate such charges, the council may pass a motion of impeachment by a two-thirds majority of all its members and report it to the Central People's Government for decision; and

10. To summon, as required when exercising the above-mentioned powers and

functions, persons concerned to testify or give evidence.

Under the Basic Law, the Legislative Council of the HKSAR shall be constituted by election. It shall be composed of Chinese citizens who are permanent residents of the HKSAR with no right of abode in any foreign country. Permanent residents of the HKSAR who are not of Chinese nationality or who have the right of abode in foreign countries may also be elected to the Legislative Council, provided that such members do not exceed 20 per cent of the council's total membership.

The term of office of members of the first Legislative Council of the HKSAR is two years. The term of office of subsequent Legislative Councils will be four years. The President of the Legislative Council is elected by and from among its members.

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