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CONSTITUTION AND ADMINISTRATION

The System of Government

Executive Council

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

The Executive Council has 13 members (14 members before July 1, 1999). 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 may not extend beyond the expiry of the term of office of the Chief Executive who appoints them.

The Executive Council normally meets once a week, 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 41 meetings.

Legislative Council

Functions and Powers

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

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