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

13th meeting on Friday, 31 May 2002 from 8:30 am to 12:45 pm
in the Chamber of the Legislative Council Building

A G E N D A

I.Transfer of statutory functions (Item XIII of the List of Areas for Study)

(A) Resolution under section 54A of Cap. 1

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)2092/01-02(01)
(issued on 27 May 2002)

- Administration's paper on "Resolution under section 54A of the Interpretation and General Clauses Ordinance - transitional and savings provisions"

LC Paper No.LS106/01-02 issued under
LC Paper No. CB(2)2101/01-02 on 29 May 2002

-Paper on "Resolution of the Legislative Council made under section 54A of the Interpretation and General Clauses Ordinance (Cap. 1)" prepared by Legal Service Division

(a) Portfolios of Housing and Planning & Lands

LC Paper No. CB(2)2120/01-02(01)
(issued on 30 May 2002)

-Administration's paper on "Transfer of Statutory Functions from Secretary for Planning and Lands to Secretary for Housing, Planning and Lands"

LC Paper No. CB(2)2121/01-02(01)
(issued on 30 May 2002)

-Administration's paper on "Transfer of Statutory Functions from Secretary for Housing to Secretary for Housing, Planning and Lands"

(b) Portfolios of Financial Services and Treasury

LC Paper No. CB(2)2122/01-02(01)
(issued on 30 May 2002)

-Administration's paper on "Transfer of Statutory Functions from Secretary for Financial Services to Secretary for Financial Services and the Treasury"

LC Paper No. CB(2)2123/01-02(01)
(issued on 30 May 2002)

-Administration's paper on "Transfer of Statutory Functions from Secretary for the Treasury to Secretary for Financial Services and the Treasury"

(c) Portfolios of Environment, Transport and Works

(d) Portfolios of Commerce & Industry and Technology

(e) Portfolios of Economic Development and Labour

(f) Portfolios of Health & Welfare and Food

(B) Interpretation and General Clauses Ordinance (Replacement of Schedule 6) Order 2002

LC Paper No. CB(2)2068/01-02(02)
(issued on 27 May 2002)

-Administration's paper on "Interpretation and General Clauses Ordinance (Replacement of Schedule 6) Order 2002"

II.Any other business

Council Business Division 2
Legislative Council Secretariat
30 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 x

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

A.LegCo Paper on System of Accountability for Principal Officials provided by Constitutional Affairs Bureau to Members at the Council meeting on 17 April 2002

B.Papers issued in respect of specific areas for study by the Subcommittee

I.General issues

LC Paper No. CB(2)1679/01-02(01)
(issued on 23 April 2002)

-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)
(issued on 26 April 2002)

-Administration's paper on "Constitutionality of the Accountability System"

LC Paper No. CB(2)1787/01-02
(issued on 2 May 2002)

-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)
(issued on 2 May 2002)
(Chinese version issued vide LC Paper No. CB(2)2053/01-02 on 24 May 2002)

-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)
(issued on 2 May 2002)

-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)
(issued on 6 May 2002)

-Administration's paper on "Resolution under Section 54A of the Interpretation and General Clauses Ordinance"

LC Paper No. CB(2)2000/01-02(01)
(issued on 18 May 2002)

-Administration's paper on "The Decision relating to the Accountability System"

II.Principal officials under the proposed system

LC Paper Nos. CB(2)1678/01-02(01)-(03)
(issued on 23 April 2002)

-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)
(issued on 26 April 2002)

-Existing role of the Secretary for Justice

LC Paper No. CB(2)1734/01-02(02)
(issued on 26 April 2002)

-Existing schedule of responsibilities of the Secretary for the Civil Service

LC Paper No. CB(2)1734/01-02(03)
(issued on 26 April 2002)

-Existing role and span of control of the Chief Secretary for Administration

LC Paper No. CB(2)1734/01-02(04)
(issued on 26 April 2002)

-Existing role and span of control of the Financial Secretary

LC Paper Nos. CB(2)1734/01-02(05) and (06)
(issued on 26 April 2002)

-Existing role and membership of the Executive Council

LC Paper Nos. CB(2)1874/01-02(01) and (02)
(issued on 9 May 2002)

-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

LC Paper No. CB(2)2075/01-02(01)
(issued on 27 May 2002)

-Administration's paper on "Arrangements during Principal Officials' Temporary Absence"

LC Paper No. CB(2)2075/01-02(02)
(issued on 27 May 2002)

-Administration's paper on "Extended Checking of Principal Officials"

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

LC Paper No. CB(2)1809/01-02(02)
(issued on 2 May 2002)

-Administration's paper on "Executive Council"

LC Paper No. CB(2)1822/01-02(02)
(issued on 6 May 2002)

-Administration's paper dated 6 May 2002 on "References to the Chief Executive in Council in the Laws of Hong Kong"

LC Paper No. CB(2)1911/01-02(01)
(issued on 13 May 2002)

-Administration's paper dated 10 May 2002 on "References to the Chief Executive in Council in the Laws of Hong Kong"

LC Paper No. CB(2)1911/01-02(02)
(issued on 13 May 2002)

-Administration's paper on "Appeals to the Chief Executive in Council"

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"

V.Civil service under the proposed system

LC Paper No. CB(2)1809/01-02(03)
(issued on 2 May 2002)

-Administration's paper on "Civil Servants" and "Public Servants"

IN23/01-02 issued under LC Paper No. CB(2)1810/01-02 on 3 May 2002

-Information Note on "The Civil Service Code of the United Kingdom" prepared by Research and Library Services Division

IN25/01-02 issued under LC Paper No. CB(2)1810/01-02 on 3 May 2002

-Information Note on "Some Civil Service Management Issues in the United Kingdom" prepared by Research and Library Services Division

LC Paper No. CB(2)1822/01-02(03)
(issued on 6 May 2002)

-Information note prepared by the LegCo Secretariat on the McKinsey Report

LC Paper No. CB(2)1822/01-02(04)
(issued on 6 May 2002)

-Administration's paper on "Preserving the Integrity and Probity of the Civil Service"

LC Paper No. CB(2)2101/01-02(01)
(issued on 29 May 2002)

-Administration's paper on "Circular setting out the Working Relationship between Civil Servants and Principal Officials"

VI.Chief Executive's Office

LC Paper No. CB(2)1871/01-02(01)
(issued on 9 May 2002)

-Letter dated 8 May 2002 from Hon CHEUNG Man-kwong concerning the Director of the Chief Executive's Office

LC Paper No. CB(2)2112/01-02(01)
(issued on 29 May 2002)

-Administration's response to Hon CHEUNG Man-kwong's letter of 8 May 2002

LC Paper No. CB(2)1929/01-02(01)
(issued on 13 May 2002)

-Administration's paper on "Director of the Chief Executive's Office"

LC Paper No. CB(2)2068/01-02(01)
(issued on 27 May 2002)

-Administration's paper on "Job description of the post of 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

LC Paper No. LS103/01-02
(issued on 23 May 2002)

-Paper prepared by Legal Service Division on "Functions and Roles of Policy Secretaries in Ordinances relating to the Monetary Authority and the Securities and Futures Commission"

IX.Development and formulation of constitutional conventions

IN26/01-02 issued under LC Paper No. CB(2)1886/01-02 on 10 May 2002
(Chinese version issued vide LC Paper No. CB(2)1925/01-02 on 14 May 2002)

-Information Note on "Some Basic Information on Constitutional Conventions" prepared by Research and Library Services Division

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

LC Paper Nos. CB(2)1677/01-02(01)-(03)
(issued on 23 April 2002)

-Executive Summary, Parts 5 and 6 of the Research Report on Process of Appointment of Senior Members of Government in Selected Countries

LC Paper No. CB(2)1976/01-02(01)
(issued on 16 May 2002)

-Administration's paper on "Appointment, Employment and Removal of Principal Officials"

LC Paper No. CB(2)1986/01-02(01)
(issued on 17 May 2002)

-Letter dated 16 May 2002 from Hon CHEUNG Man-kwong concerning integrity checking and medical examination

LC Paper No. CB(2)2112/01-02(02)
(issued on 29 May 2002)

-Administration's response to Hon CHEUNG Man-kwong's letter of 16 May 2002

LC Paper No. CB(2)2055/01-02(01)
(issued on 23 May 2002)

-Letter dated 23 May 2002 from Hon CHEUNG Man-kwong seeking written response from the Administration on matters relating to employment of principal officials

LC Paper No. CB(2)2112/01-02(03)
(issued on 29 May 2002)

-Administration's response to Hon CHEUNG Man-kwong's letter of 23 May 2002

XI.Conflict of interest

LC Paper Nos. CB(2)1676/01-02(01)-(04)
(issued on 23 April 2002)

-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

LC Paper Nos. CB(2)1868/01-02(01) and (02)
(issued on 9 May 2002)

-Relevant extract of the Report of the delegation of the Panel on Constitutional Affairs and the UK Ministerial Code

LC Paper No. CB(2)1910/01-02(01)
(issued on 13 May 2002)

-Democratic Party's proposals on maintaining the political neutrality of the Civil Service - Code of Practice for Principal Officials

LC Paper No. CB(2)1952/01-02(01)
(issued on 15 May 2002)

-Administration's paper on "Employment Contract and Conflict of Interest"

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

LC Paper Nos. CB(2)1758/01-02(01)-(04)
(issued on 29 April 2002)

-Papers relating to pension arrangements for civil servants appointed as principal officials under the accountability system

LC Paper No. LS95/01-02 issued under LC Paper No. CB(2)1961/01-02 on 16 May 2002

-Paper on "Proposed Arrangements for Payment of Pension to Serving Civil Servants Appointed as Principal Officials under the Accountability System for Principal Officials" prepared by Legal Service Division

LC Paper No. CB(2)1992/01-02(01)
(issued on 17 May 2002)

-Administration's paper on "Retirement Arrangements for Pensionable Civil Servants"

XIII.Transfer of statutory functions

(A)Resolution under section 54A of Cap. 1

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)2092/01-02(01)
(issued on 27 May 2002)

-Administration's paper on "Resolution under section 54A of the Interpretation and General Clauses Ordinance - transitional and savings provisions"

LC Paper No. LS106/01-02 issued under LC Paper No. CB(2)2101/01-02 on 29 May 2002

-Paper on "Resolution of the Legislative Council made under section 54A of the Interpretation and General Clauses Ordinance (Cap. 1)" prepared by Legal Service Division

(a)Portfolios of Housing and Planning & Lands

LC Paper No. CB(2)2120/01-02(01)
(issued on 30 May 2002)

--Administration's paper on "Transfer of Statutory Functions from Secretary for Planning and Lands to Secretary for Housing, Planning and Lands"

LC Paper No. CB(2)2121/01-02(01)
(issued on 30 May 2002)

--Administration's paper on "Transfer of Statutory Functions from Secretary for Housing to Secretary for Housing, Planning and Lands"

(b)Portfolios of Financial Services and Treasury

LC Paper No. CB(2)2122/01-02(01)
(issued on 30 May 2002)

--Administration's paper on "Transfer of Statutory Functions from Secretary for Financial Services to Secretary for Financial Services and the Treasury"

LC Paper No. CB(2)2123/01-02(01)
(issued on 30 May 2002)

--Administration's paper on "Transfer of Statutory Functions from Secretary for the Treasury to Secretary for Financial Services and the Treasury"

(c)Portfolios of Environment, Transport and Works

(d)Portfolios of Commerce & Industry and Technology

(e)Portfolios of Economic Development and Labour

(f)Portfolios of Health & Welfare and Food

(B)Interpretation and General Clauses Ordinance (Replacement of Schedule 6) Order 2002

LC Paper No. CB(2)2068/01-02(02)
(issued on 27 May 2002)

-Administration's paper on "Interpretation and General Clauses Ordinance (Replacement of Schedule 6) Order 2002"

XIV.Financial and staffing implications

LC Paper No. CB(2)2068/01-02(03)
(issued on 27 May 2002)

-Administration's paper on "Financial and Staffing Implications"

C.Other relevant papers

I.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 on 23 April 2002)

-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)
(issued on 23 April 2002)

-Administration's response to issues previously raised at the meetings of Panel on Constitutional Affairs

LC Paper No. CB(2)1762/01-02(01)
(issued on 30 April 2002)

-Issues raised at the meeting of the Panel on Constitutional Affairs on 18 April 2002

LC Paper No. CB(2)2034/01-02(01)
(issued on 22 May 2002)

-Administration's response to issues raised at the meeting of Panel on Constitutional Affairs on 18 April 2002

LC Paper No. CB(2)1775/01-02(01)
(issued on 2 May 2002)

-Issues raised at the meeting of the Subcommittee on 29 April 2002

LC Paper No. CB(2)2034/01-02(02)
(issued on 22 May 2002)

-Administration's response to issues raised at the meeting of the Subcommittee on 29 April 2002

LC Paper No. CB(2)2055/01-02(02)
(issued on 23 May 2002)

-Letter dated 23 May 2002 from Hon CHEUNG Man-kwong seeking written response from the Administration on the issues raised at the meeting of the Subcommittee on 29 April 2002

LC Paper No. CB(2)2112/01-02(04)
(issued on 29 May 2002)

-Administration's response to Hon CHEUNG Man-kwong's letter of 23 May 2002

LC Paper No. CB(2)2104/01-02(02)
(issued on 30 May 2002)

-Letter dated 30 May 2002 from Hon CHEUNG Man-kwong (attached)

LC Paper No. CB(2)1821/01-02(01)
(issued on 6 May 2002)

-Issues raised at the meeting of the Subcommittee on 3 May 2002

LC Paper No. CB(2)2034/01-02(03)
(issued on 22 May 2002)

-Administration's response to issues raised at the meeting of the Subcommittee on 3 May 2002

LC Paper No. CB(2)1869/01-02(01)
(issued on 9 May 2002)

-Issues raised at the meeting of the Subcommittee on 7 May 2002

LC Paper No. CB(2)2066/01-02(01)
(issued on 27 May 2002)

-Administration's response to issues raised at the meeting of the Subcommittee on 7 May 2002

LC Paper No. CB(2)1924/01-02(01)
(issued on 14 May 2002)

-Issues raised at the meeting of the Subcommittee on 10 May 2002

LC Paper No. CB(2)2066/01-02(02)
(issued on 27 May 2002)

-Administration's response to issues raised at the meeting of the Subcommittee on 10 May 2002

LC Paper No. CB(2)1926/01-02(01)
(issued on 14 May 2002)

-Issues raised at the meeting of the Subcommittee on 11 May 2002

LC Paper No. CB(2)2066/01-02(03)
(issued on 27 May 2002)

-Administration's response to issues raised at the meeting of the Subcommittee on 11 May 2002

LC Paper No. CB(2)1967/01-02(01)
(issued on 16 May 2002)

-Issues raised at the meeting of the Subcommittee on 14 May 2002

LC Paper No. CB(2)2045/01-02(01)
(issued on 23 May 2002)

-Administration's response to issues raised at the meeting of the Subcommittee on 14 May 2002

LC Paper No. CB(2)1991/01-02(01)
(issued on 18 May 2002)

-Issues raised at the meeting of the Subcommittee on 17 May 2002

LC Paper No. CB(2)2066/01-02(04)
(issued on 27 May 2002)

-Administration's response to issues raised at the meeting of the Subcommittee on 17 May 2002

LC Paper No. CB(2)2033/01-02(01)
(issued on 22 May 2002)

-Issues raised at the meeting of the Subcommittee on 21 May 2002

LC Paper No. CB(2)2092/01-02(02)
(issued on 27 May 2002)

-Administration's response to issues raised at the meeting of the Subcommittee on 21 May 2002

LC Paper No. CB(2)2079/01-02(01)
(issued on 27 May 2002)

-Issues raised at the meeting of the Subcommittee on 24 May 2002

LC Paper No. CB(2)2104/01-02(01)
(issued on 30 May 2002)

-Administration's response to issues raised at the meeting on the Subcommittee on 24 May 2002 (attached)

LC Paper No. CB(2)2106/01-02(01)
(issued on 29 May 2002)

-Issues raised at the meeting of the Subcommittee on 28 May 2002

II.General

LC Paper No. CB(2)1711/01-02(02)
(issued on 23 April 2002)

-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)
(issued on 26 April 2002)

-Press release dated 24 April 2002 on Economist Intelligence Unit (EIU) Report on Hong Kong

LC Paper No. CB(2)1733/01-02(02)
(issued on 26 April 2002)

-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)
(issued on 26 April 2002)

-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

LC Paper No. CB(2)2015/01-02
(issued on 23 May 2002)

-Interim Report of the Subcommittee to Study the Proposed System of Accountability for Principal Officials and Related Issues to the House Committee on 24 May 2002

LC Paper No. CB(2)2093/01-02(01)
(issued on 27 May 2002)

-An updated list of issues raised by members and the Administration's response (as at 25 May 2002)

III.Written submissions

LC Papers Nos. CB(2)1854, 1857, 1895, 1917, 1931, 1947, 1974, 1985, 2013 and 2072/01-02
(issued on 8, 9, 10, 13, 14, 15, 17, 21 and 27 May 2002)

-Written submissions from organisations and individuals

LC Paper No. CB(2)2073/01-02(01)
(issued on 27 May 2002)

-A summary of the views expressed by organisations/individuals on the proposed accountability system

LC Paper No. CB(2)2107/01-02(01)
(issued on 29 May 2002)

-Administration's response to views expressed by organisations/individuals on the proposed accountability system

Council Business Division 2
Legislative Council Secretariat
30 May 2002