HONG KONG : THE FACTS - Government Structure
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HONG KONG : THE FACTS
Government Structure
The Hong Kong Special Administrative Region (HKSAR) making of a report by the Chief Executive to the
of the People’s Republic of China is headed by the NPCSC, the determination by the NPCSC whether to
Chief Executive. make amendments to the method of selection; the
He is advised on major policy decisions by the endorsement of a two-thirds majority of all the Members
Executive Council. of the Legislative Council, the consent of the Chief
The HKSAR has a two-tier system of representative Executive, and the approval by the NPCSC.
government. At the central level is the Legislative
Council which legislates, approves public expenditure Powers and functions of the Chief Executive: The
and monitors the performance of the Administration. At Chief Executive leads the Government of the HKSAR,
the district level, 18 district councils advise on the decides on government policies and issues executive
implementation of policies in their respective areas. orders. He is responsible for the implementation of the
The Administration, the executive arm of the Basic Law and other laws which, in accordance with the
Government, is organised into the Government Basic Law, apply in the HKSAR.
Secretariat and departments. Government Secretariat He signs bills passed by the Legislative Council
Bureaux formulate policies and initiate legislative and promulgates laws. He also signs budgets passed
proposals. Departments implement laws and policies by the Legislative Council and reports the budgets and
and provide direct services to the community. final accounts to the Central People’s Government for
The HKSAR has an independent Judiciary. It is record.
responsible for the administration of justice and the The Chief Executive nominates and reports to the
adjudication of cases in accordance with laws. Central People’s Government for appointment of the
The systems practised in Hong Kong are principal officials of the HKSAR, and recommends their
prescribed by the Basic Law, the constitutional removal. He appoints or removes judges of the courts
document of the HKSAR which came into effect upon its and holders of public office in accordance with legal
establishment on July 1, 1997. procedures.
He implements the directives issued by the Central
THE CHIEF EXECUTIVE People’s Government in respect of the relevant matters
The Basic Law stipulates that the Chief Executive shall provided for in the Basic Law and conducts, on behalf of
be elected by a broadly representative Election the HKSAR Government, external affairs and other
Committee in accordance with the Basic Law and affairs as authorised by the Central Authorities.
appointed by the Central People's Government. The The Chief Executive approves the introduction of
method for selecting the Chief Executive is to be motions regarding revenues or expenditure to the
specified in the light of actual situation in the HKSAR Legislative Council. He also decides, in the light of
and in accordance with the principle of gradual and security and vital public interests, whether government
orderly progress. The ultimate aim is the selection of officials or other personnel in charge of government
the Chief Executive by universal suffrage upon affairs should testify or give evidence before the
nomination by a broadly representative nominating Legislative Council or its committees. His other
committee in accordance with democratic procedures. functions include pardoning of persons convicted of
The fourth-term Chief Executive Election was held criminal offences or commuting their penalties and
on March 25, 2012. Mr C Y Leung was returned and handling of petitions and complaints.
was formally appointed by the Central People’s
Government as the fourth-term Chief Executive on EXECUTIVE COUNCIL
March 28, 2012, with his term of office commencing on Appointment and Removal of Executive Council
July 1, 2012. Members: Members of the Executive Council of the
The Standing Committee of the National People’s HKSAR are appointed by the Chief Executive from
Congress (NPCSC) made a decision on August 31, among the principal officials of the executive
2014 that starting from 2017, the Chief Executive may authorities, members of the Legislative Council and
be selected by universal suffrage. public figures. At present, the membership of the
According to the Basic Law and the relevant Executive Council comprises the 15 Principal Officials
Interpretation of the NPCSC, any amendments to the under the Accountability System and 15 non-official
method for selecting the Chief Executive must go Members. Members' appointment or removal is decided
through the “Five-step” constitutional process, i.e., the by the Chief Executive.Terms of Office of Executive Council Members: and its procedures for voting on bills and motions after
Members hold office for a period no longer than the 2007 must be made with the endorsement of a two-
expiry of the term of office of the Chief Executive who thirds majority of all the members of the Legislative
appoints them. Council and the consent of the Chief Executive, and
they shall be reported to the NPCSC for the record.
Purview of the Executive Council: The Executive The motion put by the HKSAR Government
Council normally meets once a week. The Chief concerning the amendment to the method for the
Executive presides over its meetings. He is required by formation of the Legislative Council in 2012 was passed
the Basic Law to consult the council before making by a two-thirds majority of all the Members of the
important policy decisions, introducing bills into the Legislative Council on June 25, 2010. In 2012, the
Legislative Council, making subordinate legislation or number of Legislative Council seats s increased from 60
dissolving the Legislative Council, but not for example to 70. Aside from increasing the number of geographical
on the appointment, removal and disciplining of officials constituency seats by five, the five new functional
and the adoption of measures in emergencies. constituency seats in 2012 is nominated by elected
The council advises the Chief Executive, who then District Council members. They are elected by all
makes a decision. Members tender their advice registered voters who do not have a right to vote in
individually, but the council’s conclusions are presented traditional functional constituencies, on a one-person-
as collective decisions. If the Chief Executive does not one-vote basis. Under this proposal, every registered
accept a majority opinion of the Executive Council, he voter can have two votes in the 2012 Legislative
shall put the specific reasons on record. Council election, one for geographical constituency, and
The Executive Council advises the Chief Executive the other for functional constituency.
on all important policies. Expenditure of public funds for The fifth term Legislative Council election was held
policies decided by the Chief Executive in consultation on September 9, 2012. The term of the office of the
with the Executive Council is subject to such funds Legislative Council is four years which began on
being approved by the Legislative Council. The October 1, 2012. The President of the Legislative
Executive Council also advises upon all principal Council is elected by and from among the members of
legislation before it is introduced into the Legislative the Legislative Council.
Council, and has the power to make subsidiary The NPCSC adopted a decision on August 31,
legislation under a number of ordinances passed by the 2014 that the formation method of the fifth term
Legislative Council. Legislative Council will continue to apply to the sixth
term Legislative Council in 2016. After the election of
LEGISLATIVE COUNCIL the Chief Executive by universal suffrage, the election
According to the Basic Law, the Legislative Council of of all the members of the Legislative Council may be
the HKSAR shall be constituted by election. The implemented by the method of universal suffrage.
method for its formation shall be specified in the light of
the actual situation in the HKSAR and in accordance Functions and Powers of the Legislative Council: As
with the principle of gradual and orderly progress. The provided for in Article 73 of the Basic Law, the
ultimate aim is the election of all the members of the Legislative Council of the HKSAR exercises the
Legislative Council by universal suffrage. following powers and functions:
The composition of the first to fifth terms of the ● To enact, amend or repeal laws in
Legislative Council is as follows- accordance with the provisions of the Basic Law
and legal procedures;
First term Second Third & Fifth ● To examine and approve budgets introduced
Membership (1998- term Fourth Term by the Government;
2000) (2000- Terms (2012- ● To approve taxation and public expenditure;
2004) (2004- 2016) ● To receive and debate the policy addresses
2008 of the Chief Executive;
and ● To raise questions on the work of the
2008- Government;
2012) ● To debate any issue concerning public
(a) returned by 20 24 30 35 interests;
geographical ● To endorse the appointment and removal of
constituencies the judges of the Court of Final Appeal and the
through direct Chief Judge of the High Court;
elections ● To receive and handle complaints from Hong
Kong residents;
(b) returned by 30 30 30 35 ● If a motion initiated jointly by one-fourth of all
functional the Members of the Legislative Council charges the
constituencies Chief Executive with serious breach of law or
dereliction of duty and if he or she refuses to resign,
(c) returned by 10 6 — — the council may, after passing a motion for
the Election investigation, give a mandate to the Chief Justice
Committee of the Court of Final Appeal to form and chair an
independent investigation committee. The
60 60 60 70 committee shall be responsible for carrying out the
investigation and reporting its findings to the
The Basic Law provides that any amendments to council. If the committee considers the evidence
the method for the formation of the Legislative Council sufficient to substantiate such charges, the councilmay pass a motion of impeachment by a two-thirds Policy Address, to be followed by the Administration's
majority of all its members and report it to the response.
Central People’s Government for decision; and Members frequently hold debates on other issues
● To summon, as required when exercising the such as important government policies or on matters of
above-mentioned powers and functions, persons concern to the community at large.
concerned to testify or give evidence.
Enacting Laws: Typically, the formulation of Meetings of the Legislative Council: The council
legislative proposals may start with discussions normally meets at 11 am every Wednesday in the
between the Government and the relevant Legislative Chamber of the Legislative Council Building to conduct
Council panels; the relevant advisory committees; and its business while in session. The normal business
in many cases, chambers of commerce and trade includes: tabling of subsidiary legislation and other
associations, and district councils. During the course of papers; reports; addresses; statements; questions;
these discussions, the original proposals may be processing of bills; and motion debates.
revised until they command a high degree of general All council meetings are open to the public and are
support. conducted in Putonghua, Cantonese or English with
The Government then submits its proposal to the simultaneous interpretation provided. The proceedings
Executive Council and seeks the Chief Executive in of the meetings are recorded verbatim in the Official
Council’s approval to introduce the bill into the Record of Proceedings of the Legislative Council.
Legislative Council. Usually, within about two to four
weeks after the endorsement of the Executive Council, Committee System: Through a system of committee,
the bill will be published in the Gazette and introduced Members of the Legislative Council perform the
into the Legislative Council for its First Reading. After important roles of scrutinising bills, controlling public
the official in charge of the bill has moved the bill’s expenditure and monitoring Government’s performance.
Second Reading with a speech explaining the merits The Legislative Council has three standing committees:
and principles of the bill, the Second Reading debate on the Finance Committee, Public Accounts Committee,
the bill will normally be adjourned. The bill will then be and Committee on Members’ Interests.
referred to the House Committee for consideration. Finance Committee: The Finance Committee
Usually at the next House Committee meeting that consists of all members except the President. The
follows, members will examine the bill and decide chairman and the deputy chairman are elected from
whether a Bills Committee should be formed to study among its members. The committee normally meets in
the provisions. A Bills Committee thus formed will public to scrutinise and approve public expenditure
consider the general merits and principles, and the proposals put forward by the Government. Public
detailed provisions, of the bill allocated to it and may officers responsible for implementing the relevant policy
consider any amendments. At the conclusion of its may be called to answer questions raised by the
deliberations, the Bills Committee will report back to the committee members.
House Committee. The House Committee may then One of the roles of the Finance Committee is to
discuss the report of the Bills Committee for the scrutinise the budget presented by the Financial
purpose of preparing members for resumption of debate Secretary to the Legislative Council in the form of an
on the bill. Appropriation Bill, which sets out the Government’s
As soon as the above process is completed, the bill annual expenditure proposals for the following financial
may return to the council and resumes its Second year. After the bill and the draft estimates of
Reading debate. If the bill receives Second Reading, it expenditure have been examined by the Finance
will then go through the committee stage, at which Committee, the bill is brought back to the council for
amendments can be moved, after which the bill debate.
receives the Third Reading. The bill becomes law after There are two subcommittees under the Finance
it is signed by the Chief Executive and gazetted. Committee: the Establishment Subcommittee and the
Controlling Public Expenditure: The Public Works Subcommittee. The Establishment
Government’s budget is presented to the Legislative Subcommittee examines and makes recommendations
Council in the form of an Appropriation Bill. Similar to to the Finance Committee on the Government’s
the process for scrutinising other bills, after the debate proposals for the creation, redeployment, and deletion
on the Second Reading of the Appropriation Bill is of directorate posts, and for changes to the structure of
adjourned, the estimates containing the details of the civil service grades and ranks.
financial requirements in the bill will be referred to the The Public Works Subcommittee examines and
Finance Committee, which is a standing committee of makes recommendations to the Finance Committee on
the council, for examination. After the committee has the Government’s expenditure proposals under the
completed examining the estimates, the debate on the Capital Works Reserve Fund for projects in the public
Second Reading of the bill will be resumed. If works programme and building projects carried out by
supported, the bill will also go to committee stage and or on behalf of subvented organisations.
then proceed to Third Reading. Public Accounts Committee (PAC): The PAC
Other public expenditure proposals not contained in considers reports of the Director of Audit on the
the Appropriation Bill will be scrutinised and approved accounts and the results of value-for-money audits of
by the Finance Committee which will note the financial the Government and other organisations which are
implications of new policies. within the purview of public audit. It may invite public
Policy Debates: Following the Chief Executive’s officers and staff of public organisations to attend public
Policy Address, Members of the Legislative Council will hearings to give explanation, evidence or information,
have the opportunity to put forward their comments in or any other persons to assist it in relation to such
the Motion of Thanks debate. This debate usually takes explanation, evidence or information. The PAC’s seven
place two weeks after the Chief Executive delivers his members are appointed by the President in accordancewith an election procedure determined by the House community activities within their respective districts.
Committee. Their term of office is four years starting from
Committee on Members’ Interests: The January 1, 2012. With effect from the commencement of
Committee on Members’ Interests considers matters the fifth-term District Councils on January 1, 2016, all
pertaining to members’ declaration of interests and appointed seats to the District Councils will be
matters of ethics in relation to their conduct. It abolished, while the number of elected seats will be
investigates complaints regarding members’ registration increased by 19 to 431. The
and declaration of interests, and makes fifth-term District Council election will be held on
recommendations relating to members’ interests. The November 22, 2015.
committee also examines arrangements for the
compilation, maintenance and accessibility of the THE ADMINISTRATION
Register of Members’ Interests. The committee The main administrative and executive functions of
comprises seven members who are appointed by the government are carried out by 12 policy bureaux in the
President of the Council in accordance with an election Government Secretariat, and 61 departments and
procedure determined by the House Committee. agencies, mostly staffed by civil servants.
House Committee: Apart from the above three Under the accountability system for principal
standing committees, the Legislative Council also has a officials implemented since July 2002, the Chief
House Committee which consists of all members except Secretary for Administration, the Financial Secretary,
the President. Its chairman and deputy chairman are the Secretary for Justice and the various Directors of
elected among members. The committee normally Bureaux are the most important officials within the
meets every Friday afternoon and is responsible for Government. The Chief Secretary for Administration is
dealing with matters related to the work of the the most senior among the three Secretaries of
Legislative Council and prepares members for the full Departments to deputise for the Chief Executive. The
council meetings. It also decides whether bills Chief Secretary for Administration assists the Chief
committees or subcommittees should be formed as Executive in supervising the policy bureaux as directed
appropriate to study bills and subsidiary legislation by him and plays a key role in ensuring harmonisation
which have been introduced into the Legislative in policy formulation and implementation.
Council.
Bills Committees: Any member, other than the The Civil Service: The civil service system provides
President, may join a bills committee to consider the the staff for all government departments and other units
principles and merits of a bill allocated to it for scrutiny. of the Administration. It employed some 164 000 people
It may also consider the bill’s detailed provisions and (excluding about 1 500 judges and judicial officers and
propose amendments relevant to the bill. A bills ICAC officers), representing about four per cent of the
committee tables a report in council after it has workforce in Hong Kong, as at December 31, 2014.
completed its task. It is dissolved on the passage of the Wastage from all sources, including resignation and
bill concerned through the Legislative Council or when retirement, ranges from two to four per cent of strength
the House Committee so decides. from 2003-04 up to now. To facilitate the delivery of
Committee on Rules of Procedure: The new policy initiatives and improvement of services to
Committee on Rules of Procedure is responsible for the public, the civil service establishment has increased
reviewing the Rules of Procedure of the Legislative by about 1 per cent annually from 2007-08 to 2013-14.
Council and proposing to the council such amendments In 2014-15, the size of the civil service increased by
as are considered necessary. The committee consists about 1.5 per cent.
of 12 members and they are appointed by the President The civil service is a unified service in the sense
in accordance with an election procedure determined by that its officers are all subject to common appointment
the House Committee. procedures and similar disciplinary codes. The civil
Panels: To monitor the performance of the service supports the Chief Executive and the
Government in different policy areas, the Legislative Government of the day in formulating, explaining and
Council has established 18 panels to monitor and implementing policies; conducting administrative affairs;
examine government policies. These panels also give delivering public services; and undertaking law
views on major legislative or financial proposals before enforcement and regulatory functions.
their formal introduction into the council or Finance In accordance with the Basic Law, new recruits
Committee, and examine important issues of wide appointed to the civil service on or after July 1, 1997
public concern as referred by the council, House must be HKSAR permanent residents, save for those
Committee or as raised by the panel members who fall within the specified exceptions.
themselves.
LEGAL SYSTEM
DISTRICT ORGANISATIONS Criminal Prosecutions: The Secretary for Justice, who
District Councils: The fourth District Council election heads the Department of Justice, is ultimately
of the HKSAR was held on November 6, 2011 to return responsible for all prosecutions in Hong Kong. It is for
412 elected members to the 18 District Councils. him to decide whether or not prosecutions should be
Besides, there are 27 ex-officio members (who are instituted in any particular case, and it is his
Rural Committee chairmen in the New Territories) and responsibility to conduct and control prosecutions.
68 appointed members. The 18 District Councils advise The Secretary for Justice plays no part in the
the Government on matters affecting the well-being of investigation of criminal offences, as that is the
the people and on the adequacy and priorities of responsibility of the police force and the other law
government programmes in their respective districts. enforcement agencies. However, once the agencies
The District Councils also undertake environmental have completed the investigation it is for the Secretary
improvements and promote recreational, cultural and for Justice to decide whether or not that evidencejustifies the preferment of criminal charges against any Government. It is fundamental to Hong Kong’s legal
person. Public interest is also a relevant consideration. system that members of the judiciary are independent
In making decisions on prosecution policy, the of the executive and legislative branches of
Secretary for Justice acts as an independent officer, government.
independent, that is, of the Government of which he is a
member and of the courts before which he prosecutes. Independent Trial: It is a fundamental principle of
The function which he exercises in this area is part of common law jurisdictions that members of the judiciary
his function as guardian of the public interest. The are completely independent of the executive organ of
principle of prosecutorial independence is guaranteed government in the performance of their judicial duties.
by Article 63 of the Basic Law, which provides that the This principle has always been applied in Hong Kong.
Department of Justice of the HKSAR shall control The exercise of the power to govern is itself
criminal prosecutions, free from any interference. accountable to the law. Neither the Chief Executive, the
The Secretary for Justice and his counsel do not civil service nor any police officer is able to exercise a
themselves advise on every prosecution which is power unless he can point to some authority in law for
brought. Some minor prosecutions heard before his acts. An individual can seek redress before the court
magistrates are routine matters which are dealt with by if the power of government is exceeded or abused. He
law enforcement agencies along settled guidelines has against the Government generally the same as
issued under the authority of the Secretary for Justice against fellow citizens. The independent judiciary, which
and without individual reference to the Department of is responsible to the law itself and not to the
Justice. The Secretary for Justice does, however, Government, will uphold the rule of law and safeguard
supervise prosecutions generally and he personally, or the rights and freedoms of the individual. Those who
by way of specific delegation, considers many sensitive frame new laws are inhibited from infringing human
cases and all cases where the law provides that rights or well-established legal principles declared and
prosecutions may not be brought without his consent. developed by generations of judges.
The Organisation of the Judiciary in Hong Kong: Jury System: The most serious type of criminal
The courts of justice in Hong Kong comprise the Court offences, such as murder, manslaughter, rape, armed
of Final Appeal, the High Court (which includes the robbery and drug offences involving large quantities,
Court of Appeal and the Court of First Instance), the are tried by a judge of the Court of First Instance of the
District Court (which includes the Family Court), the High Court, sitting with a jury consisting of seven or,
Lands Tribunal, the Magistrates’ Courts (which include where a judge so orders, nine. It is the jury which
the Juvenile Court), the Coroner’s Court, the Labour decides whether the accused is guilty or not guilty and a
Tribunal, the Small Claims Tribunal and the Obscene majority vote is required. The size of the majority
Articles Tribunal. required varies depending on the size of the jury. In
The Chief Justice of the Court of Final Appeal is some civil cases, a party may elect to have the issues
the head of the Judiciary and assisted in his of fact tried by jury.
administrative duties by the Judiciary Administrator. If a coroner decides to hold an inquest with a jury,
a jury of five will be appointed. In certain defined
Powers and Duties of the Judiciary: The Judiciary is circumstances an inquest with a jury is mandatory. The
responsible for the administration of justice in Hong purpose of an inquest is to establish the identity of a
Kong. It hears all prosecutions and civil disputes, deceased person and the cause and circumstances
including disputes between individuals and the connected with the death.
Published by the Information Services Department, HKSAR Government Home Page address:
Hong Kong Special Administrative Region Government http://www.gov.hk April 2015
GovHK Website: http://www.gov.hk
Information contained in this publication may be freely used.
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