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Rules of Procedure

PART L
FINANCIAL PROCEDURE
PART L FINANCIAL PROCEDURE
  • PART A MEMBERS AND OFFICERS OF THE COUNCIL
  • 1.Oath or Affirmation
  • 1A.Precedence of Members
  • 1B.The President of the Legislative Council
  • 2.Language
  • 3.Presiding in Council and in Committee of the Whole Council
  • 4.Election of President
  • 5.President’s Deputy
  • 6.Duties of the Clerk
  • 7.Counsel to the Legislature
  • 8.Attendance of the Chief Executive
  • 9.Attendance of Public Officers
  • 10.Participation of Public Officers in Proceedings
  • PART B SESSIONS, MEETINGS AND ADJOURNMENTS OF THE COUNCIL
  • 11.Ordinary Sessions
  • 12.First Meeting of Term
  • 13.The Chief Executive’s Policy Address
  • 14.Days and Hours of Meetings
  • 15.Meetings for Urgent Business
  • 16.Motions for the Adjournment of the Council
  • 17.Quorum
  • PART C ARRANGEMENT OF BUSINESS
  • 18.Order of Business at a Meeting
  • 19.The Agenda of the Council
  • PART D PETITIONS AND PAPERS
  • 20.Presentation of Petitions
  • 21.Presentation of Papers
  • PART E QUESTIONS TO THE GOVERNMENT
  • 22.Nature of Questions
  • 23.Question Time
  • 24.Notice of Questions
  • 25.Contents of Questions
  • 26.Asking and Answering of Questions
  • 27.Meeting under Rule 8
  • PART F STATEMENTS AND PERSONAL EXPLANATIONS
  • 28.Statements by Designated Public Officers
  • 28A.Personal Explanations
  • PART G MOTIONS
  • 29.Notice of Motions and Amendments
  • 30.Manner of Giving Notice of Motions and Amendments
  • 31.Restriction on Motions and Amendments
  • 32.Motions on Previous Decisions of Council
  • 33.Manner of Debating Motions
  • 34.Manner of Debating Amendments to Motions
  • 35.Withdrawal of Motions and Amendments
  • PART H RULES OF SPEAKING
  • 36.Time and Manner of Speaking
  • 37.Recommendations of House Committee as to Time of Speaking
  • 38.Occasions when a Member may Speak more than once
  • 39.Interruptions
  • 40.Adjournment of Debate or of Proceedings of a Committee of the Whole Council
  • 41.Contents of Speeches
  • 42.Behaviour of Members during Meeting
  • 43.Application of Rules to Committees
  • PART I RULES OF ORDER
  • 44.Decision of the Chair
  • 45.Order in Council and Committee
  • 45A.Naming and Suspending
  • PART J VOTING
  • 46.Decision on Motions
  • 47.Decision of Council and Committee of the Whole Council
  • 48.Use of Electronic Voting System
  • 49.Divisions
  • PART JA PROCEDURES FOR PARTICULAR MOTIONS
  • 49A.Application of this Part
  • 49B.Disqualification of Member from Office
  • PART JB REPORTS OF HOUSE COMMITTEE ON SUBSIDIARY LEGISLATION AND OTHER INSTRUMENTS AND RELATED MOTIONS
  • 49C.Application of this Part
  • 49D.Presentation of Reports of House Committee on Consideration of Subsidiary Legislation and Other Instruments
  • 49E.Motions on Reports of House Committee on Consideration of Subsidiary Legislation and Other Instruments
  • PART K PROCEDURE ON BILLS
  • 50.Form of Bills
  • 51.Notice of Presentation of Bills
  • 52.Presentation and Publication of Bills
  • 53.First Reading of Bills
  • 54.Second Reading
  • 55.Committal of Bills
  • 56.Functions of Committees on Bills
  • 57.Amendments to Bills
  • 58.Procedure in Committee of the Whole Council on a Bill
  • 59.Procedure on Reporting of Bill from Committee of the Whole Council
  • 60.Procedure in Select Committee on a Bill
  • 61.Procedure on Reporting of Bill from a Select Committee
  • 62.Procedure on Recommittal of Bill Reported from Select Committee
  • 63.Third Reading
  • 64.Withdrawal or Postponement of Bills
  • 65.Presentation of Bill for Signature of Chief Executive
  • 66.Bills Returned for Reconsideration
  • PART L FINANCIAL PROCEDURE
  • 67.Presentation and Second Reading of Appropriation Bill
  • 68.Procedure in Committee of the Whole Council on Appropriation Bill
  • 69.Amendments to Heads of Estimates in Committee of the Whole Council on Appropriation Bill
  • 69A.Procedure on Reporting of Appropriation Bill from Committee of the Whole Council
  • 70.Third Reading of Appropriation Bill
  • PART M COMMITTEES
  • 71.Finance Committee
  • 72.Public Accounts Committee
  • 73.Committee on Members’ Interests
  • 73A.Investigation Committee
  • 74.Committee on Rules of Procedure
  • 74A.Committee on Access to the Legislature’s Documents and Records
  • 75.House Committee
  • 76.Bills Committees
  • 77.Panels
  • 78.Select Committees
  • 79.Procedure of Select Committees
  • 79A.Exercise of Voting Rights of Chairmen of Committees
  • 79B.Determining the Time and the Place of a Meeting of a Committee by the Deputy Chairman of the Committee
  • 79C.Determining the Agenda of a Meeting of a Committee by Chairmen of Committees
  • 79D.Powers of Chairman and Deputy Chairman of a Committee in Office
  • 80.Attendance of Witness
  • 81.Premature Publication of Evidence
  • PART N MISCELLANEOUS MATTERS
  • 81A.Remote Meetings of Council or Committee
  • 82.Employment of Members in Professional Capacity
  • 83.Registration of Interests
  • 83A.Personal Pecuniary Interest to be Disclosed
  • 83AA.Claims for Reimbursement of Operating Expenses or Applications for Advance of Operating Funds
  • 84.Voting or Withdrawal in case of Direct Pecuniary Interest
  • 85.Sanctions relating to Interests, Operating Expenses or Operating Funds
  • 86.Admission of Press and Public
  • 87.Disorderly Conduct
  • 88.Withdrawal of Members of the Press and of the Public
  • 89.Procedure for Obtaining Leave for Member to Attend as Witness in Civil Proceedings
  • 90.Procedure for Obtaining Leave to Give Evidence of Council Proceedings
  • 91.Suspension of Rules
  • 92.Procedure if Rules of Procedure do not Provide
  • 93.Interpretation
  • Schedule 1 Procedure for the Election of the President of the Legislative Council
  • Schedule 2 Policy on Access to the Legislature’s Documents and Records
  • Schedule 3 Procedure for Conducting Remote Meetings of the Council and a Committee
  • Table showing dates at which Rules of Procedure were made and amended


67. Presentation and Second Reading of Appropriation Bill

  • (1)
    Any bill containing the estimated financial requirements for expenditure on all the services of the Government of the Hong Kong Special Administrative Region for the current or succeeding financial year shall be known as an Appropriation Bill. Estimates containing the details of the said financial requirements shall be presented to the Council not later than the commencement of the meeting at which such bill is placed on the Agenda of the Council for first reading.
  • (2)
    After the motion for the second reading of the bill has been proposed the debate thereon shall be adjourned and shall be resumed not earlier than the seventh day thereafter. The debate, when resumed, shall be confined to the financial and economic state of Hong Kong and the general principles of Government policy and administration as indicated by the bill and Estimates.
  • (3)
    Subject to Rule 71(11) (Finance Committee), the Estimates shall upon presentation to the Council stand referred to a committee of the whole Council and the Appropriation Bill upon being read a second time shall stand committed to that committee.

68. Procedure in Committee of the Whole Council on Appropriation Bill

  • (1)
    On the consideration of the Appropriation Bill in committee of the whole Council the clauses of the bill shall stand postponed until after consideration of the schedule or schedules.
  • (2)
    On the consideration of a schedule each head of expenditure shall be considered with the appropriate estimate, and any reference in these Rules of Procedure to a subhead or an item means a subhead or an item in the Estimates for the head then under discussion.
  • (3)
    On the consideration of a schedule, the Chairman shall propose "That the sums for the following heads stand part of the schedule", and shall direct the Clerk to call the numbers of the heads. On the number or numbers of any head or group of heads being called, the question that the sums in that head or group of heads stand part of the schedule shall be deemed to have been moved. Unless an amendment is proposed under the provisions of the next succeeding Rule, a debate may take place on that question. Any such debate shall be confined to the policy of the service for which the money is to be provided and shall not deal with the details of any item or subhead but may refer to the details of revenue or funds for which that service is responsible.
  • (4)
    When all the heads in a schedule have been disposed of, the Chairman shall put forthwith, without amendment or debate, the question "That the schedule (as amended) stand part of the bill".
  • (5)
    When every schedule has been disposed of, the Chairman shall propose "That the following clauses stand part of the bill", and shall direct the Clerk to call the numbers of the clauses. On the number of any clause being called, the question that the clause stand part of the bill shall be deemed to have been proposed. In the event of a clause being amended, the number of the clause, as amended, shall be called again by the Clerk, and the question that the clause as amended stand part of the bill shall be deemed to have been proposed.
  • (6)
    No amendment may be moved to any clause except an amendment consequential on an alteration in the total sum appropriated by any schedule. Any such consequential amendment shall be moved by a designated public officer only and may be moved without notice, and the question thereon shall be put forthwith without amendment or debate. When the question on the last of any such amendments to a clause has been decided, the Chairman shall forthwith put the question "That the clause as amended stand part of the bill" and that question shall then be decided without amendment or debate.
  • (7)
    When the question upon every clause of the bill has been decided, the Council shall resume and the public officer in charge of the bill shall report the bill to the Council with or without amendment, as the case may be. (L.N. 187 of 2017)

69. Amendments to Heads of Estimates in Committee of the Whole Council on Appropriation Bill

  • (1)
    An amendment which, in the opinion of the Chairman, would increase the sum allotted to any head of expenditure whether in respect of any item or subhead or of the head itself shall only be moved by a designated public officer.
  • (2)
    An amendment to increase a head whether in respect of any item or subhead or of the head itself shall take precedence over an amendment to reduce the head in the same respect, and if it is carried no amendment to reduce the head in that respect shall be called.
  • (3)
    An amendment to any head of expenditure to reduce the sum allotted thereto in respect of any item therein may be moved by any Member, and shall take the form of a motion "That head ...... be reduced by $....... in respect of (or by leaving out) subhead ...... item ......".
  • (4)
    An amendment to reduce a head in respect of any subhead or by leaving out a subhead shall only be in order if the subhead is not itemized.
  • (5)
    An amendment to reduce a head without reference to a subhead therein shall only be in order if the head is not divided into subheads.
  • (6)
    An amendment to leave out a head shall not be in order and shall not be placed on the Agenda of the Council.
  • (7)
    In the case of each head, amendments in respect of items or subheads in that head shall be placed on the Agenda of the Council and considered in the order in which the items or subheads to which they refer stand in the head in the Estimates.
  • (8)
    When notice has been given of two or more amendments to reduce the same item, subhead, or head, they shall be placed on the Agenda of the Council in the order of the magnitude of the reductions proposed, the amendment proposing the largest reduction being placed first in each case.
  • (9)
    Debate on every amendment shall be confined to the item, subhead, or head to which the amendment refers, and after an amendment to an item or subhead has been disposed of no amendment or debate on a previous item or subhead shall be permitted.
  • (10)
    When all amendments standing on the Agenda of the Council in respect of any particular head of expenditure have been disposed of, the Chairman shall again propose the question "That the sum for head ...... stand part of the schedule" or shall propose the amended question "That the (increased or reduced) sum for head ...... stand part of the schedule", as the case may require. The debate on any such question shall be subject to the same limitations as apply to a debate arising under Rule 68(3) (Procedure in Committee of the Whole Council on Appropriation Bill).

69A. Procedure on Reporting of Appropriation Bill from Committee of the Whole Council

  • (1)
    When an Appropriation Bill has been reported from a committee of the whole Council, the public officer in charge of the bill shall move a motion that the report that was made under Rule 68(7) (Procedure in Committee of the Whole Council on Appropriation Bill) be adopted.
  • (2)
    The motion moved under subrule (1) shall be voted on forthwith without amendment or debate. If the motion is agreed to, the Council shall be deemed to have ordered the bill to be set down for third reading and the order of the Council shall be so recorded in the minutes of proceedings, and notice of motion for third reading shall not be required to be given by the public officer in charge of the bill. If the motion is negatived, no further proceedings shall be taken on the bill.
    (L.N. 187 of 2017)

70. Third Reading of Appropriation Bill

The motion for third reading of the Appropriation Bill shall be voted on without amendment or debate.
67. Presentation and Second Reading of Appropriation Bill
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Presentation and Second Reading of Appropriation Bill
Procedure in Committee of the Whole Council on Appropriation Bill
Amendments to Heads of Estimates in Committee of the Whole Council on Appropriation Bill
Procedure on Reporting of Appropriation Bill from Committee of the Whole Council
Third Reading of Appropriation Bill

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