This section provides further information about the Basic Law and various Ordinances relevant to the operation, functions and powers of the Legislative Council.
The Basic Law is the constitutional document of the Hong Kong Special Administrative Region ("HKSAR") which provides for, among others, the functions and powers of the Legislative Council ("LegCo"). Certain interpretations (e.g. Interpretation of Article 104 of the Basic Law) and decisions (e.g. Decision on Issues Relating to the Qualification of the Members of the Legislative Council of the Hong Kong Special Administrative Region) made by the Standing Committee of the National People's Congress are also relevant to LegCo.
Under section 12 of Cap. 122, the Director of Audit is required to submit an audit report each year to the President of LegCo. The report is considered by the Public Accounts Committee of LegCo to ensure financial accountability of the Government to LegCo.
Under Rule 83 of the Rules of Procedure of LegCo, Members of LegCo ("Members") are required to furnish the Clerk to LegCo with the particulars of their registrable interests including, among others, remunerated directorships of public or private companies, and if the company concerned has a holding company within the meaning of section 13 of Cap. 622, also the name of that holding company. The main purpose of the registration of interests is to provide information of any pecuniary interest or other material benefit which a Member receives, and such information might reasonably be thought by others to influence a Member's actions, speeches or votes in LegCo, as well as actions taken in the capacity as a Member.
Under sections 54B and 246B of Cap. 528, copyright is not infringed by anything done -
- for the purposes of the proceedings of LegCo or for the purposes of reporting the proceedings of LegCo; or
- by or on behalf of Members or The Legislative Council Commission ("Commission"), for the purposes of the exercise and discharge by LegCo of its powers and functions.
Under section 10 of Cap. 21, in any civil or criminal proceedings against any person regarding the publication of any report of LegCo, if the report was published by order or under the authority of LegCo, such proceedings must be stayed.
Cap. 541 provides for the establishment of the Electoral Affairs Commission for the purpose of, among others, regulating the procedure for providing financial assistance to candidates under the Legislative Council Ordinance (Cap. 542) and the District Councils Ordinance (Cap. 547). Cap. 541 and its subsidiary legislation (e.g. Cap. 541A to Cap. 541D) also contain electoral provisions relating to elections of LegCo.
Cap. 554 prohibits corrupt and illegal conduct at elections; regulates electoral advertising; and imposes requirements with respect to the receipt of donations and the expenditure of money at or in connection with elections. Cap. 554 applies to the general elections and by-elections of LegCo.
Section 7A of Cap. 484 provides that the Chief Executive of HKSAR ("Chief Executive") shall obtain the endorsement of LegCo for the appointment or removal of the judges of the Hong Kong Court of Final Appeal. Under Article 73(7) of the Basic Law, LegCo has the power and function to endorse such appointment or removal.
Cap. 443 provides for the establishment of the Commission, which provides, among others, administrative support and services to LegCo and supervises the operation of the LegCo Secretariat.
Sections 34 and 35 of Cap. 1 provide for the tabling before LegCo, and the approval, amendment, or repeal by LegCo, of subsidiary legislation.
Cap. 542 provides for the constitution, convening and dissolution of LegCo, as well as the election of Members.
Cap. 382 mainly declares and defines certain powers, privileges and immunities of LegCo, its Members and officers, the Chief Executive and public officers designated by the Chief Executive in relation to attendance at sittings of LegCo and its committees. Cap. 382 also secures freedom of speech in LegCo, regulates admittance to and conduct within the precincts of the Chamber of LegCo, makes provision for disciplinary sanctions against Members in certain circumstances, provides for the giving of evidence in proceedings before LegCo or its committees, and for offences relating to such proceedings.
Under Article 104 of the Basic Law, Members are required to take an oath when assuming office. Cap. 11 prescribes the relevant oath.
Section 4 of Cap. 5 stipulates that an ordinance shall be enacted and published in both the Chinese and English languages. Section 4A of Cap. 5 stipulates that the Chief Executive in Council may by order direct a subsidiary legislation to be made and published in both the Chinese and English languages. Under section 3 of Cap. 5, the Chinese and English languages are the official languages of Hong Kong.
The LegCo Secretariat is one of the organizations set out in Part 1 of Schedule 1 to Cap. 397, and pursuant to section 7(1) of Cap. 397, the Ombudsman may investigate any action taken by or on behalf of the LegCo Secretariat in the exercise of its administrative functions.
Personal data held by the Commission or the LegCo Secretariat is subject to the requirements of Cap. 486.
Under section 2(1) of Cap. 201 -
- LegCo and the Commission are public bodies; and
- Members, and members or employees of the Commission, are "public servants".
As such, Members and members or employees of the Commission are subject to the relevant provisions for the prevention against bribery under Cap. 201.
Cap. 69 provides for the meaning of a "private bill", and the fees payable in respect of private bills introduced by any Member.
Cap. 2 provides for the control and management of public finances in Hong Kong. Under Article 73 of the Basic Law, government budgets, taxation and public expenditure require the approval of LegCo.
Under section 2 of Cap. 120, where e.g. any tax would be imposed, removed or altered if a bill or a resolution were to become law, the Chief Executive may make an order giving full force and effect of law to the provisions of the bill or resolution until, for example, the bill or resolution is either approved or rejected by LegCo, or any other event stipulated by Cap. 120 happens.