Articles 66 to 79 of the Basic Law provide for the formation, powers and functions of the Legislative Council. The main functions of the Legislative Council are to enact laws; examine and approve budgets, taxation and public expenditure; and monitor the work of the Government. The Legislative Council of the HKSAR is also given the power to endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court, as well as the power to impeach the Chief Executive.
Articles 49 and 50 of the Basic Law state that if the Chief Executive considers that a bill passed by the Legislative Council is not compatible with the overall interests of the Region and returns it to the Legislative Council for reconsideration, and if the original bill is passed by the Legislative Council again by not less than a two-thirds majority of all the Members, the Chief Executive must sign and promulgate it within one month, or may dissolve the Legislative Council in accordance with Article 50 of the Basic Law. But if the original bill is passed by the new Legislative Council by not less than a two-thirds majority of all the Members, the Chief Executive must sign and promulgate it, or resign. The new powers of the Legislative Council are to ensure that there are adequate checks and balances between the executive authorities and the legislature of the Region.
The extent of autonomy of the HKSAR in making its own laws is also described in the Basic Law. Under Article 17 of the Basic Law, laws enacted by the legislature of the Region must be reported to the Standing Committee of the National People's Congress for the record. If the Standing Committee, after consulting the Committee for the Basic Law of the HKSAR under it, considers that any such law is not in conformity with the provisions of the Basic Law regarding affairs within the responsibility of the Central Authorities or regarding the relationship between the Central Authorities and the Region, the Standing Committee may return the law in question but shall not amend it. Any law returned is immediately invalidated, but the invalidation has no retroactive effect.
Composition of the Legislative Council
The Legislative Council of the HKSAR has 60 Members for the third term, with 30 Members returned by geographical constituencies through direct elections, and 30 Members by functional constituencies.
The election for the third term of the Legislative Council of the HKSAR was held on 12 September 2004. According to the Basic Law and the Legislative Council Ordinance, the term of office of the third term of the Legislative Council of the HKSAR is four years and started from 1 October 2004.
The President of the Legislative Council is elected by and from among Members of the Legislative Council.
Legislative Council Elections
For information on Legislative Council elections, please visit the Hong Kong Special Administrative Region Electoral Affairs Commission homepage.
Functions and Powers of the Legislative Council
As provided for in Article 73 of the Basic Law, the Legislative Council of the HKSAR exercises 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;
- To receive and handle complaints from Hong Kong residents;
- 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
- To summon, as required when exercising the above-mentioned powers and functions, persons concerned to testify or give evidence.
Meetings of the Legislative Council
The Council normally meets every Wednesday morning in the Chamber of the Legislative Council Building to conduct its business while in session. Its Business includes: tabling of subsidiary legislation and other papers; reports and addresses; statements; questions; scrutiny of bills; and motion debates. From time to time, the Chief Executive attends a special Council meeting to brief Members on policy issues and to answer questions from Members. All Council meetings are open to the public. The proceedings of the meetings are recorded verbatim in the Official Record of Proceedings of the Legislative Council.
Committee System
Through a system of committees, Members of the Legislative Council perform the important functions of scrutinizing bills, controlling public expenditure and monitoring Government's performance. There are three standing committees under the Council, namely Finance Committee, Public Accounts Committee and the Committee on Members' Interests. Bills Committees are formed, by the House Committee, as the need arises, to study legislative proposals. Besides, there are also 18 Panels under the Council which receive regular briefings from Government officials and examine the effectiveness of Government policies and measures.
Redress System
The Legislative Council Redress System is a system operated by the Legislative Council to receive and handle complaints from members of the public who are aggrieved by Government actions or policies. It also deals with public representations on Government policies and legislation as well as other matters of public concern.
In groups of six, Members take turns to be on duty each week to oversee the system and to give guidance to staff of the Legislative Council Secretariat Complaints Division in processing cases. In addition, Members take turns to be on "ward duty" during their duty week to meet complainants with appointments (including individual clients and deputations) who wish to discuss their complaints with Member(s) in person.
