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2 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 to 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 29 members. As provided for in Article 55 of the Basic Law, members of the Executive Council shall be 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. Currently, the membership of the Executive Council comprises 14 Principal Officials and 15 Non-Officials. Their appointment or removal is decided by the Chief Executive. The term of office of members of the Executive Council shall 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. The Chief Executive presides at its meetings. During the year, the Executive Council held a total of 37 meetings.

Legislative Council

Powers and Functions

Under Article 73 of the Basic Law, the Legislative Council of the Hong Kong Special Administrative Region shall exercise the following powers and functions:

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

Law and legal procedures;

• To examine and approve budgets introduced by the Government;

• To approve taxation and public expenditure;

• To receive and debate the policy addresses of the Chief Executive;

• To raise questions on the work of the Government;

• To debate any issue concerning public interests;

• To endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court;

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