The Legislative Council
The Legislative Council The Legislative Council

Annual Report 2022



Introduction

The Basic Law of the Hong Kong Special Administrative Region (“HKSAR”) stipulates that the HKSAR shall be vested with legislative power and the Legislative Council shall be the legislature of the Region.

Powers and functions

Pursuant to Article 73 of the Basic Law, the Legislative Council of the Hong Kong Special Administrative Region shall exercise the following powers and functions:
  • To enact, amend or repeal laws in accordance with the provisions of the Basic Law and legal procedures;
  • To examine and approve budgets introduced by the government;
  • To approve taxation and public expenditure;
  • To receive and debate the policy addresses of the Chief Executive;
  • To raise questions on the work of the government;
  • To debate any issue concerning public interests;
  • To endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court;
  • To receive and handle complaints from Hong Kong residents;
  • If a motion initiated jointly by one-fourth of all the members of the Legislative Council charges the Chief Executive with serious breach of law or dereliction of duty and if he or she refuses to resign, the Council may, after passing a motion for investigation, give a mandate to the Chief Justice of the Court of Final Appeal to form and chair an independent investigation committee. The committee shall be responsible for carrying out the investigation and reporting its findings to the Council. If the committee considers the evidence sufficient to substantiate such charges, the Council may pass a motion of impeachment by a two-thirds majority of all its members and report it to the Central People’s Government for decision; and
  • To summon, as required when exercising the above-mentioned powers and functions, persons concerned to testify or give evidence.

Composition

According to the Basic Law, the Legislative Council (“LegCo”) of the Hong Kong Special Administrative Region shall be constituted by election. The Seventh LegCo comprises 90 Members,1 of whom 40 were returned by the Election Committee, 30 were returned by functional constituencies and 20 were returned by geographical constituencies through direct elections. The election for the Seventh LegCo was held on 19 December 2021, and the term of office is four years from 1 January 2022 to 31 December 2025. Details of the composition of the Seventh LegCo are provided in Appendix 1.
  • 1
    Pursuant to section 15(1)(a) of the Legislative Council Ordinance (Cap. 542), four Members and one Member ceased to hold office as Members of LegCo upon their resignation on 19 June 2022 and 27 December 2022 respectively. Four vacancies were filled following the LegCo by-election held on 18 December 2022. As of 10 January 2023, there was one vacancy in the membership of the Council.

Taking of Legislative Council Oath

Article 104 of the Basic Law stipulates that when assuming office, Members of the Legislative Council (“LegCo”) must, in accordance with law, swear to uphold the Basic Law and swear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China. The form of the Legislative Council Oath (“the Oath”) is set out in Schedule 2 to the Oaths and Declarations Ordinance (Cap. 11).
Pursuant to section 19 of Cap. 11, a LegCo Member must take the Oath as soon as possible after the commencement of the Member’s term of office, and the Oath must be administered by the Chief Executive (“CE”) or a person authorized by CE to administer the Oath. By virtue of Rule 1 of the Rules of Procedure, no Member shall be present or vote at the election of the President, or attend or vote at a meeting of the Council or any committee, or exercise any other power or function of a Member, until the Member has made or subscribed an oath or affirmation in accordance with the provisions of Cap. 11.
The oath-taking ceremony for Members of the Seventh LegCo was held on 3 January 2022 and the oath-taking was administered by CE of the fifth-term Government, Mrs Carrie LAM CHENG Yuet-ngor. Following the 2022 LegCo Election Committee Constituency By-election held on 18 December 2022 to fill four vacancies in LegCo membership,2 the four elected Members took the Oath on 19 December 2022, which was administered by CE of the sixth-term Government, Mr John LEE Ka-chiu.
The oath-taking ceremony on 3 January 2022
The oath-taking ceremony on 19 December 2022
  • 2
    The offices of four Members returned for the Election Committee Constituency in the Seventh LegCo became vacant upon the resignation of the incumbents with effect from 19 June 2022.

Election of President

Under Article 71 of the Basic Law and Rule 4 of the Rules of Procedure (“RoP”), the President of the Legislative Council (“LegCo”) shall be elected by and from among the Members of LegCo. RoP 12 provides that the election of the President shall be held before the first meeting of a term.
As only one valid nomination for the office of the President was received by the close of the nomination period, the Member being nominated, Hon Andrew LEUNG Kwan-yuen, was declared elected as the President of the Seventh LegCo on 4 January 2022.
Hon Andrew LEUNG Kwan-yuen meets the press after being elected as the President of the Seventh Legislative Council
Introduction
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Introduction
Powers and functions
Composition
Taking of Legislative Council Oath
Election of President