Bills Committee on Chief Executive Election Bill

The 12th and 13th meetings to be held on Tuesday, 12 June 2001
from 8:30 am to 10:30 am and from 12:45 pm to 2:30 pm
in Conference Room A of the Legislative Council Building

A G E N D A

I. Confirmation of minutes of meeting

LC Paper No. CB(2)1751/00-01-Minutes of meeting on 28 March 2001 issued vide LC Paper No. CB(2)1752/00-01 on 7 June 2001

II.Clause 4 of the Bill

Views from legal professionals and academics

(a) Meeting with Mr Johannes CHAN, Hong Kong Bar Association

(b) LC Paper No. CB(2)1774/00-01(02)-A written submission from Mr Eric T M CHEUNG, Assistant Professor, Faculty of Law of University of Hong Kong (issued)

(c)LC Paper No. CB(2)1786/00-01(02)-A written submission from The Law Society of Hong Kong (attached) (Chinese version to follow)

Other relevant papers

(d) LC Paper No. CB(2)1782/00-01(01)-Questions 1 and 3 of the Administration's response to points raised by the Bills Committee on 29, 31 May and 5 June 2001 (issued)

(e) LC Paper No. LS102/00-01 - Paper on "Power of the Central People's Government under the Basic Law to revoke the appointment of the Chief Executive" prepared by Legal Service Division (issued vide LC Paper No. CB(2)1677/00-01 on 30 May 2001)

III.Administration's responses to points raised at previous meetings

(a) LC Paper No. CB(2)1782/00-01(01) - Question 2 of the Administration's response to points raised by the Bills Committee on 29, 31 May and 5 June 2001 (issued)

(b) LC Paper No. CB(2)1774/00-01(01)- The Administration's response to points raised by the Bills Committee on 31 May 2001 (issued)

(c) LC Paper No. CB(2)1786/00-01(01)-The Administration's response to points raised by the Bills Committee on 5 June 2001 (attached)

IV.Clause by clause examination of the Bill
(From clause 33 onwards)

The Bill

LC Paper No. CB(2)1711/00-01(01) -Marked-up copy of Part 8 (Consequential Amendments) of the Bill (issued)

LC Paper No. CB(2)1712/00-01(04)-The Administration's response to ALA's letter dated 29 March 2001 (issued)

LC Paper No. CB(2)1774/00-01(03) - The Administration's response to ALA's letter dated 23 April 2001 (issued)

V.Date of next meeting

The next meeting will be held from 8:30 am to 10:30 am on 19 June 2001.

Legislative Council Secretariat
11 June 2001

Appendix

Papers issued for
Bills Committee on Chief Executive Election Bill
(as at 11 June 2001)

Major areas Paper No.

I. General

(1)LegCo BriefCAB C5/1

(2)LSD ReportLS71/00-01

(3)Speech by SCA to move Second Reading of the BillCB(2)1174/00-01(02)

(4)Paper on "Provisions of the Bill not prescribed under the Basic Law" prepared by ALALS83/00-01 (issued videCB(2)1217/00-01)

(5)Comparison of the Basic Law and the Bill CB(2)1318/00-01(01)

(6)Comparison of the Bill and LegCo Ordinance CB(2)1217/00-01(04)

(7)ALA's letters dated 29 March and 23 April 2001 to Administration seeking comments on issues relating to the Bill CB(2)1327/00-01(01) and CB(2)1388/00-01(01)

(8)Written submissions on the Bill CB(2)1419/00-01(01) - (35)
CB(2)1442/00-01(01) - (26)
CB(2)1445/00-01(01) - (02)
CB(2)1451/00-01(01) - (04)
CB(2)1453/00-01(01) - (03)
CB(2)1489/00-01(01) - (06)
CB(2)1506/00-01(01) - (02)
CB(2)1537/00-01(01)CB(2)1650/00-01(01)

(9)Summary of written submissions on the Bill CB(2)1690/00-01(01)

(10)Nature of the Bill Item 2 of CB(2)1647/00-01(01)

(11)Timetable for 2002 CE Election CB(2)1677/00-01(01)

(12)Marked up copy of Part 8 of the Bill CB(2)1711/00-01(01)

(13)The Administration's response to the views expressed by deputations CB(2)1712/00-01(01)

(14)A summary of members' major views and the Administration's responses on major issues discussed by the Bills Committee prepared by LegCo Secretariat CB(2)1712/00-01(02)

(15) The Democratic Party's proposed amendments to the Bill CB(2)1712/00-01(03)

(16)The Administration's response to ALA's letter dated 29 March 2001 CB(2)1712/00-01(04)

II. Election Committee (EC)

(1)Overlapping membership Item 1 of CB(2)1352/00-01(01)Item 6 of CB(2)1405/00-01(01)

(2)Information on the EC formed in July 2000 Item 2 of CB(2)1352/00-01(01)

(3)Eligibility criteria for candidature at subsector election - clause 17(3) of schedule Item 3 of CB(2)1352/00-01(01)

(4)Legality of clause 8(3) Item 4 of CB(2)1352/00-01(01)

III. Polling date

(1)Pros and cons of various options for determining the polling date Item 5 of CB(2)1352/00-01(01)Item 1 of CB(2)1405/00-01(01)

(2)Polling date - Thursday or Sunday CB(2)1433/00-01(01)

(3)Easter holidays for the next five CE elections Item 1 of CB(2)1518/00-01(01)

IV. Appointment of CE

(1)Six-month period referred to in BL53 Item 2 of CB(2)1405/00-01(01)

(2)Time schedule and procedure for appointment Items 3 - 5 of CB(2)1405/00-01(01)

(3)Time taken to appoint the first CE Item 2 of CB(2)1518/00-01(01)

(4)Legal basis for CPG to revoke appointment Item 4 of CB(2)1518/00-01(01)

(5)Proposed amendment to clause 4(c) Items 1 - 3 of CB(2)1587/00-01(01)

(6)Power of removal - legal source, constraints etc. Item 1 of CB(2)1647/00-01(01)

(7)Redress in courts in respect of a decision of removal Item 3 of CB(2)1647/00-01(01)

(8)Paper on "Power of the Central People's Government under the Basic Law to revoke the appointment of the Chief Executive" prepared by Legal Service Division LS102/00-01 (issued videCB(2)1677/00-01)

V. Eligibility criteria for being a candidate for CE Election

(1)Requirement for judicial officers in foreign countries to resign before running in elections Item 1 of CB(2)1352/00-01(02)

(2)Eligibility of senior judicial officers Item 3 of CB(2)1518/00-01(01)

(3)Eligibility of holders of Taiwan Entry Permits and other temporary entry permits Items 1- 2 of CB(2)1613/00-01(01)

(4)Disqualification of CE after assuming office Item 3 of CB(2)1613/00-01(01)

(5)Eligibility of BNO passport holders Item 4 of CB(2)1613/00-01(01)

(6)Document of Preparatory Committee on the selection of the first term CE and UK and Chinese Memoranda on status of BDTC passport holders CB(2)1618/00-01(01) and (02)

(7) Extract from "Constitutional and Administrative Law in Hong Kong" by Professor Peter Wesley-Smith CB(2)1647/00-01(02)

VI. Nomination

VII. Withdrawal of candidature

VIII. Voting method

IX. Election petitions and judicial review

(1)Differences between the leapfrog procedure proposed in the Bill vis-a-vis that proposed in the Hong Kong Court of Final Appeal (A) Bill to be introduced Item 2 of CB(2)1352/00-01(02)

X. Election expenses limit

(1)Administration's response Item 5 of CB(2)1235/00-01(01)

XI. Application of anti-bribery legislation to CE election

(1)Elections (Corrupt and Illegal Conduct) Ordinance (ECICO) CB(2)1217/00-01(03)

XII. Regulation of election-related activities

(1)Electoral guidelines for CE election Item 1 of CB(2)1235/00-01(01)

(2)Regulating electioneering activities of an incumbent CE Item 3 of CB(2)1235/00-01(01)

(3)Restriction on election campaigning undertaken by members of a political party to a fellow member being a candidate Item 4 of CB(2)1235/00-01(01)

XIII. Guidelines on participation of senior government officials in electioneering activities of CE election

(1)Administration's response Item 2 of CB(2)1235/00-01(01)