Subcommittee to Study the Proposed Accountability System
for Principal Officials and Related Issues

Fifth meeting on Friday, 10 May 2002 from 8:30 am to 12:45 pm
in the Chamber of the Legislative Council Building

A G E N D A

  1. Matters arising from discussion on items II and III of the List of Areas for Study


  2. To continue discussion commencing from item IV of the List of Areas for Study


  3. List of Areas for Study - Appendix I

    List of relevant papers issued - Appendix II

  4. Date of next meeting


  5. The next meeting will be held from 9:00 am to 1:00 pm on Saturday, 11 May 2002 to receive public views.

Council Business Division 2
Legislative Council Secretariat
9 May 2002

Appendix I

Subcommittee to Study the Proposed
Accountability System for Principal Officials and Related Issues

List of Areas for Study

LegCo Paper on Accountability System for Principal Officials provided by Constitutional Affairs Bureau (paragraph no. if relevant)

I.General issues

1.Consistency with the Basic Law 8 (a)

2.Timing for implementing the proposed system 2, 3, Annex A
and Annex B

3.Need for primary legislation to underpin the proposed system

-

4.Constitutional relationship between the Chief Executive/principal officials/ Permanent Secretaries/LegCo

-

5.Powers and functions of the Chief Executive and his accountability

-

6.Relationship between the Central People's Government and principal officials

-

II.Principal officials under the proposed system

1.Number of principal officials and their portfolios

11 - 13

2.Inclusion of the Secretary for Justice in the proposed system

14 & 17

3.The post of Secretary for the Civil Service

18 - 19

4.Functions and role of principal officials in the Executive Council

13

5.Functions and role of the Chief Secretary for Administration

14 & 15

6.Functions and role of the Financial Secretary

14 & 16

7.A Code similar to the United Kingdom "Ministerial Code" to specify the functions of principal officials and to regulate their conduct

-

III.The function, composition and operation of the Executive Council

13

IV.Splitting, merging and retention of Bureaux 24 - 25

1.Civil Service Bureau 25

2.Constitutional Affairs Bureau 25

3.Home Affairs Bureau 25

4.Security Bureau 25

5.Portfolios of Commerce & Industry and Manpower

24(a)

6.Portfolios of Economic Services and Information Technology

24(b)

7.Portfolios of Financial Services and Treasury

24(c)

8.Portfolios of Environment & Food and Health & Welfare

24(d)

9.Portfolios of Housing and Planning & Lands

24(e)

10.Portfolios of Transport and Works 24(f)

11.Education portfolio -

V.Civil service under the proposed system

1.Permanent Secretaries 20 - 21

2.The Civil Service 23

3.Need for a "Civil Service Code" similar to the one in the United Kingdom

-

4.McKinsey Report on Strengthening the Machinery of Government

-

VI.Chief Executive's Office 26

VII.Relationship between bureaux and departments

34 - 37

VIII.Review of advisory and statutory bodies and other public bodies, implications of the proposed system on their roles and functions

34 - 37

1.Examples of these bodies include Hong Kong Monetary Authority, Radio Television Hong Kong, Securities and Futures Commission and Judicial Officers' Recommendation Commission.

-

IX.Development and formulation of constitutional conventions

-

X.Issues relating to appointment, employment and removal of principal officials

1.The process of nomination and appointment and the entering into contract with the Government

10

2.Termination of contract and removal of principal officials

12

3.Integrity checking and medical examination

46

4.Employment package, including their remuneration

38 - 44

(a)Impact on the Chief Executive and other comparable offices in the Judiciary, e.g. the Chief Justice

-

5.Terms and conditions 9 - 10

6.Administrative support 45

XI.Conflict of interest 27 - 30

XII.Arrangements for civil servants appointed as principal officials under the proposed accountability system

47 - 48

XIII.Transfer of statutory functions

31 - 33

1.Draft resolution to be made under section 54A of the Interpretation and General Clauses Ordinance (Cap. 1)

Annex A

2.Draft Interpretation and General Clauses Ordinance (Replacement of Schedule 6) Order 2002

Annex B

XIV.Financial and staffing implications 49 - 51

Council Business Division 2
Legislative Council Secretariat
26 April 2002

Appendix II

Subcommittee to Study the Proposed
Accountability System for Principal Officials and Related Issues

List of relevant papers issued

I.General issues

LC Paper No. CB(2)1679/01-02(01)--Administration's paper on whether introducing a new system of appointment for principal officials on terms different from those in the civil service would contravene the Basic Law

LC Paper No. CB(2)1735/01-02(01)--Administration's paper on "Constitutionality of the Accountability System"

LC Paper No. CB(2)1787/01-02--Websites of court judgments of the four cases quoted in LC Paper No. CB(2)1735/01-02(01)

LC Paper Nos. CB(2)1803/01-02(01) - (04)--Information notes prepared by Legal Service Division on the judgments of the four cases quoted in LC Paper No. CB(2)1735/01-02(01)

LC Paper No. CB(2)1809/01-02(01)--Administration's paper on relationship between Chief Executive/principal officials/Permanent Secretaries/LegCo, powers and functions of Chief Executive and relationship between Central People's Government and principal officials

LC Paper No. CB(2)1822/01-02(01)--Administration's paper on "Resolution under Section 54A of the Interpretation and General Clauses Ordinance"

II.Principal officials under the proposed system

LC Paper Nos. CB(2)1678/01-02(01) - (03)--Bar Association's submission and the Administration's two papers provided to the meetings of the Panel on Constitutional Affairs on 17 December 2001 and 21 January 2002 concerning the proposal to include the Secretary for Justice in the proposed system

LC Paper No. CB(2)1734/01-02(01)--Existing role of the Secretary for Justice

LC Paper No. CB(2)1734/01-02(02)--Existing schedule of responsibilities of the Secretary for the Civil Service

LC Paper No. CB(2)1734/01-02(03)--Existing role and span of control of the Chief Secretary for Administration

LC Paper No. CB(2)1734/01-02(04)--Existing role and span of control of the Financial Secretary

LC Paper Nos. CB(2)1734/01-02(05) and (06)--Existing role and membership of the Executive Council

LC Paper Nos. CB(2)1868/01-02(01) and (02)--Relevant extract of the Report of the delegation of the Panel on Constitutional Affairs and the UK Ministerial Code

LC Paper Nos. CB(2)1874/01-02(01) and (02)--Relevant extracts of the meetings of the Panel on Constitutional Affairs on 17 December 2001 and 21 January 2002 when the proposal to include the Secretary for Justice in the proposed system was discussed

III.The function, composition and operation of the Executive Council

LC Paper No. CB(2)1809/01-02(02)--Administration's paper on "Executive Council"

LC Paper No. CB(2)1822/01-02(02)--Administration's paper dated 6 May 2002 on "References to the Chief Executive in Council in the Laws of Hong Kong"

IV.Splitting, merging and retention of Bureaux

LC Paper No. CB(2)1870/01-02(01) (issued on 9 May 2002)--Administration's paper on "Portfolios of Directors of Bureau under the Accountability System" (attached)

V.Civil service under the proposed system

LC Paper No. CB(2)1809/01-02(03)--Administration's paper on "Civil Servants" and "Public Servants"

IN23/01-02 issued under LC Paper No. CB(2)1810/01-02--Information Note on "The Civil Service Code of the United Kingdom" prepared by Research and Library Service Division

IN25/01-02 issued under LC Paper No. CB(2)1810/01-02--Information Note on "Some Civil Service Management Issues in the United Kingdom" prepared by Research and Library Service Division

LC Paper No. CB(2)1822/01-02(03)--Information note prepared by the LegCo Secretariat on the McKinsey Report

LC Paper No. CB(2)1822/01-02(04)--Administration's paper on "Preserving the Integrity and Probity of the Civil Service"

VI.Chief Executive's Office

LC Paper No. CB(2)1871/01-02(01)--Letter dated 8 May 2002 from Hon CHEUNG Man-kwong concerning the Director of the Chief Executive's Office

VII.Relationship between bureaux and departments

VIII.Review of advisory and statutory bodies and other public bodies, implications of the proposed system on their roles and functions

IX.Development and formulation of constitutional conventions

X.Issues relating to appointment, employment and removal of principal officials

LC Paper Nos. CB(2)1677/01-02(01)- (03)--Executive Summary, Parts 5 and 6 of the Research Report on Process of Appointment of Senior Members of Government in Selected Countries

XI.Conflict of interest

LC Paper Nos. CB(2)1676/01-02(01) - (04)--Executive Summary and Part 6 of the Research Report on Restrictions on Activities of Former Heads of Government and Former Senior Members of Government and Supplementary Information

XII.Arrangements for civil servants appointed as principal officials under the proposed accountability system

LC Paper Nos. CB(2)1758/01-02(01) - (04)--Papers relating to pension arrangements for civil servants appointed as principal officials under the accountability system

XIII.Transfer of statutory functions

LC Paper No. CB(2)1880/01-02(01) (issued on 9 May 2002)--Administration's paper on "Resolution under section 54A of the Interpretation and General Clauses Ordinance - Transfer of Statutory Functions"

LC Paper No. CB(2)1880/01-02(02) (issued on 9 May 2002)--Administration's paper on "Transfer of Statutory Functions from Secretary for Commerce and Industry to Secretary for Commerce, Industry and Manpower"

LC Paper No. CB(2)1883/01-02(01)
(to be issued)
--Administration's paper on "Transfer of Statutory Functions from Secretary for Economic Services to Secretary for Economic Development"

LC Paper No. CB(2)1884/01-02(01)
(to be issued)
--Administration's paper on " Transfer of Statutory Functions from Secretary for Education and Manpower to Secretary for Education and Secretary for Commerce, Industry and Manpower"

XIV.Financial and staffing implications

Other relevant papers

Issues raised at previous meetings

LC Paper No. CB(2)1691/01-02(04) (Chinese version issued vide LC Paper No. CB(2)1710/01-02)--A summary of concerns and views raised at the meetings of the Panel on Constitutional Affairs prepared by LegCo Secretariat

LC Paper No. CB(2)1711/01-02(01)--Administration's response to issues previously raised at the meetings of Panel on Constitutional Affairs

LC Paper No. CB(2)1762/01-02(01)--Issues raised at the meeting of the Panel on Constitutional Affairs on 18 April 2002

LC Paper No. CB(2)1775/01-02(01)--Issues raised at the meeting of the Subcommittee on 29 April 2002

LC Paper No. CB(2)1821/01-02(01)--Issues raised at the meeting of the Subcommittee on 3 May 2002

LC Paper No. CB(2)1869/01-02(01)--Issues raised at the meeting of the Subcommittee on 7 May 2002

General

LC Paper No. CB(2)1711/01-02(02)--A list of areas for study by the Subcommittee proposed by Hon Cyd HO Sau-lan

LC Paper No. CB(2)1728/01-02(01)--List of Areas for Study

LC Paper No. CB(2)1728/01-02(02)--Meeting schedule of the Subcommittee

LC Paper No. CB(2)1733/01-02(01)--Press release dated 24 April 2002 on Economist Intelligence Unit (EIU) Report on Hong Kong

LC Paper No. CB(2)1733/01-02(02)--Press releases dated 24 April 2002 on the Administration's responses to the EIU Report on Hong Kong

LC Paper No. CB(2)1733/01-02(03)--Press release dated 24 April 2002 on the Chief Secretary for Administration's speech at the luncheon of the British Chamber of Commerce on the proposed accountability system for principal officials

Council Business Division 2
Legislative Council Secretariat
9 May 2002