Hong Kong’s Legislature under China’s Sovereignty

Copyright

Dedication

Contents

Foreword

Acknowledgements

List of Tables and Figures

List of Cases

List of Rulings of Presidents of the Legislative Council

List of Abbreviations

1: Assessing The Legislative Council: Autonomy and Performance

Introduction

Functions of Legislatures: Do Legislatures Exist to Make Law?

Autonomy of Legislatures

Conclusion

2: External Environment and Internal Characteristics of Legco’s Autonomy

Autonomy of the Pre-1997 Legco

Separation from the Executive

Administrative and Financial Autonomy

Committee Autonomy

Political Parties of Legco in the Colonial Period

Legco in 1997

Autonomy of Post-1998 Legco

External Environment

Internal Characteristics: Rules, Committee Autonomy, Administrative Autonomy and Financial Autonomy

Conclusion

3: Scrutiny of Legislation

Private Member’s Bill Under Article 74 of Basic Law

Decline of Private member’s Bills

President’s Rulings on Private member’s Bills

Summaries

Scrutiny of Bills: Bills Committees

Bills Scrutinised by Bills Committees

Legislators’ Participation in BCS

Deliberation in BCS

Case Study: Bills Committee on the Interception of Communications and Surveillance Bill

Summaries

Scrutiny of Bills: Members’ Committee Stage Amendments to Government Bills

Restrictions on the Introduction of Members’ CSAS

Introduction of Members’ CSAS

Determinants of Members’ CSAS

Filibuster: An Unusual Procedural Weapon

Summaries

Study of Several Bills: Government’s Defeats

National Security (Legislative Provisions) Bill

Government’s Defeat in Race Discrimination Bill

Scrutiny of Subsidiary Legislation

Results of Subsidiary Legislation

Negative Vetting or Positive Vetting

Case Study: Country Parks (Designation) (Consolidation) (Amendment) Order 2010

Summaries

Conclusion

4: Scrutiny of Public Finance

Institutional Framework for Financial Scrutiny by Legco

Legco’s Power to Amend and Approve Public Expenditure

Restrictions of ‘Public Expenditure’ and ‘Charging Effect’

Ex ante Scrutiny: Control over Budget and Public Expenditure

Examination of Budget Proposals

Examination of Other Financial Proposals

Collapsed Levies

Means of Scrutinising Budget and Taxation Issues

Ex post Scrutiny: The Public Accounts Committee

Objectives of the PAC

Relation between Audit Commission and PAC

Composition of the PAC

PAC Scrutiny of Public Expenditure

Impact of the PAC

Expenditure Without Legco Approval

Conclusion

5: Motions Without Legislative Effect

Restrictions on Moving a Motion or Amendment to a Motion

Determinants of Result of Members’ Motions

Introduction of Motions

Separate Voting Mechanism

Political Orientation and the Nature of the Issues

Government’s Response to Successful Motions

No Confidence Motions

No Confidence Motions in Early Days of the hksar

Recent Development of no Confidence Motions

Propriety of Introducing a No Confidence Motion

Motion for Adjournment of The Council

Conclusion

6: Questions

Notice and Number of Questions

Content of Questions

Questions to the Government

Chief Executive’s Question-and-Answer Session

Conclusion

7: Investigation Power: Legislative Council (Powers And Privileges) Ordinance

Drafting History of the 1985 Legislative Council (Powers and Privileges) Ordinance

How Legco Uses its Investigation Power Under the PPO

Significance Of Investigation Power Under The PPO

Challenges To The PPO: Cheng Kar Shun Case

Conclusion

8: Conclusion

Level of Autonomy

External Environment

Internal Characteristics

Autonomy of Legco

Actual Impact of Legco

Interaction Pattern

Trends in Legco’s Actual Impact

Strategy Shift and New Rule After 2012

Beijing’s New Strategy and Its Impact

Rule of Leung Chun Ying

Bibliography

Articles and Books

Selected Committee Minutes, Reports and Factsheets of Legco and Government Documents

Internet Sources

Index