Rules of Procedure

(1)

At least one session of the Council shall be convened in every calendar year, but a session which begins in one calendar year may be continued and concluded in the following year.

(2)

A session shall begin on such date as the Chief Executive may appoint by notice published in the Gazette.

(3)

A session shall end on such date as the Chief Executive may appoint by notice published in the Gazette, or on a dissolution of the Council, whichever is the earlier.

(4)

The consideration of any bill or other business of the Council is not to be affected by the end of a session and may be resumed at any subsequent meeting, but is to lapse at the end of a term of office or on a dissolution of the Council.

(1)

The date and time for holding the first meeting of a term shall be specified by the Chief Executive in accordance with section 10(1) of the Legislative Council Ordinance (Cap. 542).

(2)

The election of the President conducted under Rule 4 (Election of President) shall be held before the first meeting of a term.

(1A)

The Chief Executive shall deliver a Policy Address to the Council, if he so wishes, at the first meeting of a session. (L.N. 107 of 1999)

(1)

(2)

(3)

Amendments may be moved to the motion described in subrule (2) only by way of adding words at the end of the motion. (L.N. 86 of 2000)

(4)

• (a)
  notice of the amendment has been given not later than 5 clear days before the day on which the motion is to be considered by the Council; or
• (b)
  the President gives leave to dispense with notice of the amendment. (L.N. 86 of 2000)

(1)

Meetings of the Council during each session shall be held on such days and shall begin at such hour as the President shall determine. (L.N. 117 of 2023)

(2)

Written notice of every meeting of the Council, other than the first meeting of a new session and meetings held within 14 clear days of the commencement of the first session of a term of the Council, shall be given by the Clerk to Members at least 14 clear days before the day of the meeting but in cases of emergency and meetings held for the purposes of Rule 8 (Attendance of the Chief Executive) and Rule 15 (Meetings for Urgent Business) the President may dispense with such notice and in that event the longest possible notice shall be given.

(3)

The President may, at any time after he has determined the day and hour upon which a meeting is to begin, change the day or hour so determined to a later day or hour, or to an earlier day or hour.

(4)

When in the opinion of the President it is necessary for the proper completion of the business on the Agenda of the Council at a meeting of the Council to continue any unfinished business, the President may order that the meeting shall continue at any hour or on any day for that purpose. Where the President so orders at a meeting of the Council, the meeting shall stand suspended and shall resume for the continuation of business at such hour or on such day. (L.N. 187 of 2017)

(5)

The President may at any time suspend a meeting or adjourn the Council.

(1)

The President shall, at the request of the Chief Executive, call emergency meetings of the Council. Where such a meeting is to be held during the period after the end of a term of office or the dissolution of the Council, it shall be convened before the date (if more than one, the first date) specified for the holding of a general election for all the Members of the Legislative Council.

(2)

During any period when the Council is in recess between the end of one session and the beginning of the next session, the President may call a special meeting of the Council on such day and at such hour as he may specify.

(3)

These Rules of Procedure shall apply to a meeting of the Council held under subrules (1) and (2).

(1)

When for any sufficient reason it is not desired to formulate a motion in express terms for the purpose of debating an issue or issues, a motion that the Council do now adjourn may be moved for the purpose of such a debate.

(2)

Such a motion shall not require notice and may be moved only between two items of business that are set out in Rule 18(1) (Order of Business at a Meeting). It may be moved by a Member or any designated public officer attending the meeting, with the permission of the President, if the President is satisfied that the adjournment is for the purpose of discussing a specific issue of urgent public importance. (L.N. 47 of 2021)

(2A)

If at the expiration of one and a half hours, or such longer period as the President may at any meeting determine, from the moving of the motion under subrule (2) such motion has not been agreed to, the President shall not put the question on the motion and the Council shall proceed to the next item of business. (L.N. 47 of 2021)

(3)

If such a motion shall be agreed to, the Council shall stand adjourned.

(4)

At the conclusion of all the business on the Agenda of the Council a Member may move that this Council do now adjourn, for the purpose of raising any issue concerning public interest, with a view to eliciting a reply from a designated public officer.

(5)

(6)

If at the expiration of 75 minutes, or such longer period as the President may at any meeting determine, from the moving of a motion under subrule (4) a designated public officer has not yet been called upon to reply, the President shall direct the Member then speaking to resume his seat and shall call upon a designated public officer to reply. (L.N. 165 of 2008)

(7)

If at the expiration of one and a half hours, or such longer period as the President may at any meeting determine, from the moving of the motion under subrule (4) such motion has not been agreed to, the President shall adjourn the Council without putting any question. (L.N. 165 of 2008)

(8)

A motion that is to be moved under subrule (2) or (4) at a meeting of the Council but is not reached before the Council is adjourned shall not stand over until the next meeting, and shall be taken as having been disposed of. (L.N. 47 of 2021)

(1)

The quorum of the Council shall be not less than one half of all its Members including the President. (L.N. 187 of 2017)

(1A)

The quorum of a committee of the whole Council shall be 20 members including the Chairman. (L.N. 187 of 2017)

(2)

If the attention of the President is drawn to the fact that a quorum is not present, he shall direct the Members to be summoned. If after 15 minutes have expired a quorum is not present, he shall adjourn the Council without question put.

(3)

If the attention of the Chairman in committee of the whole Council is drawn to the fact that a quorum is not present, he shall direct the Members to be summoned. If after 15 minutes have expired, a quorum is not then present the Council shall be resumed and the President shall count the Council. If a quorum is then present the Council shall again resolve itself into committee but if a quorum is not present the President shall adjourn the Council without question put. (L.N. 136 of 2014; L.N. 187 of 2017)

(4)

If from the number of Members present at a division, including those who abstained from voting, it appears that a quorum is not present, the division shall be invalid, and the procedure prescribed in subrule (2) or (3) shall be followed.

(5)

The question on which the Council is adjourned under subrules (2), (3) and (4) shall stand over until the next meeting.

(6)

The President may call a meeting to complete the unfinished business on the Agenda after the Council has been so adjourned under subrule (2) or (3), and should the President consider that such a meeting has to be called the adjournment of the Council under subrule (2) or (3) shall be deemed to be a meeting ordered to be suspended and may be resumed for the continuation of business at such hour or on such day pursuant to Rule 14(4) (Days and Hours of Meetings). (L.N. 187 of 2017)

(7)

Where a Member is absent from a meeting of the Council adjourned under subrule (2) or (3) and the President is not satisfied that there is a valid reason for the Member's absence, the Member shall be liable to pay a financial penalty on each occasion that the Council is so adjourned, irrespective of whether the Council adjourned is subsequently resumed for the continuation of any unfinished business under subrule (6). (L.N. 237 of 2021)

(8)

The financial penalty under subrule (7) shall be determined in accordance with rule 19C of the House Rules and shall be deducted from the Member's remuneration to which the Member is entitled. (L.N. 237 of 2021)