ENG-2017 — Page 37

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Constitution and Administration

• 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 Legislative 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 Legislative Council. If the committee considers the evidence sufficient to substantiate such charges, the Legislative 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 (CPG) for decision; and

• To summon, as required when exercising the above-mentioned powers and functions, persons concerned to testify or give evidence.

Composition

According to the Basic Law, the Legislative Council of the HKSAR shall be constituted by election. The Sixth Legislative Council comprises 70 members', of whom 35 were returned by geographical constituencies through direct elections and 35 were returned by functional constituencies. The Sixth Legislative Council's term of office is four years from 1 October 2016 to 30 September 2020. The President of the Legislative Council is elected by and from among the council's members.

Meetings of the Legislative Council

The Legislative Council normally meets on Wednesdays. The business at its regular meetings includes introducing and considering bills and proposed resolutions; tabling subsidiary legislation, papers and reports for the council's consideration; asking questions on the government's work; and debating motions concerning matters of public interest. All council meetings are open to the public. Members may address the council in Cantonese, English or Putonghua. With simultaneous interpretation provided, members of the public have the option of listening in any of these three languages and can also watch the simultaneous sign language interpretation. The proceedings are recorded verbatim in the Official Record of Proceedings of the Legislative Council.

During the 2016-17 legislative session from October 2016 to July 2017, the council held 33 meetings, three of which were the Chief Executive's question and answer sessions. Members asked 114 oral questions on the government's work with 584 supplementary questions, and another 448 written questions. The council passed 13 bills. It also passed 12 motions moved by the government under the positive vetting procedure to seek the council's approval to either make or amend subsidiary legislation. On subsidiary legislation subject to the negative vetting procedure, the council finished scrutinising two items which had been tabled during 2015-16. It also completed scrutinising 156 out of 174 items of subsidiary legislation tabled in 2016-17, with the remaining 18 items to be scrutinised in 2017-18.

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According to court judgments in relation to the taking of the Legislative Council Oath, Mr Sixtus Leung Chung-hang, Ms Yau Wai-ching, Mr Leung Kwok-hung, Mr Nathan Law Kwun-chung, Mr Yiu Chung-yim and Ms Lau Siu-lai were disqualified from assuming the office of a member of the council and vacated the office on 12 October 2016.

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