Legislative Council of the Hong Kong Special Administrative Region - A Companion to the history, rules and practices of the Legislative Council of the Hong Kong Special Administrative Region ¶ Part I: An introduction to the Legislative Council, its history, organisation and procedure

Chapter 4

Administrative support for the Legislative Council

4.1Administrative support and services to the Legislative Council are provided by a body corporate independent of the Government. Through The Legislative Council Commission ("the Commission") established by statute in 1994, the Council employs its own staff for providing support services to the Council and its committees, for managing the accommodation and facilities of the Council and for overseeing the support given to individual Members for performing their legislative functions.

4.2This chapter explains how the Commission provides administrative support and services to the Council through the Legislative Council Secretariat as well as the Commission's relationship with the Government over the financial arrangements for supporting the work of the Council and its Members. It also explains the Government's obligation to ensure that the Council is given the appropriate meeting facilities, office accommodation and related service support for such facilities, as well as the Commission's responsibility in managing such facilities and services on its own. Support services to individual Members, including the historical background to and present arrangements for providing Members with a remuneration package and reimbursements for operating expenses, are also explained in this Chapter.

The Legislative Council Commission

Historical background

The OMELCO Secretariat

4.3As explained in previous chapters, support services to the pre-1997 Legislature had been provided by the Government until April 1994. While service support to the proceedings of the Council and the committees under the formal structure of the Council was provided by the Office of the Clerk to the Legislative Council^[1] which was part of the Government, secretariat services to the various committees under the informal committee structure of UMELCO^[2] were provided by officers seconded from the Government or the directly engaged staff of the UMELCO Secretariat. UMELCO was set up in 1963 when the Government started to assist the Unofficial Members of both the Executive Council and Legislative Council in operating a redress system and providing secretarial service to the internal meetings of the Unofficial Members who met from time to time to exchange views with the Government. Government officers were seconded to UMELCO to provide such support. They were mainly Administrative Officers, Crown Counsels, Executive Officers and Information Officers. UMELCO was detached from the Government in 1970 and was funded under a separate head of expenditure in the Estimates. It ran its operation independently under the direction of the Senior Members^[3] of the Executive Council and the Legislative Council. UMELCO was renamed as OMELCO^[4] from 1985 onwards.

4.4On 2 August 1991, in order that OMELCO could have the legal capacity to operate as an independent entity, the OMELCO Secretariat was incorporated as a company limited by guarantee under the Companies Ordinance. The membership of The OMELCO Secretariat comprised all non-Government Members of the Executive and Legislative Councils, with an Executive Committee consisting of the Senior Members of the two Councils and no more than 9 other members. The primary object for which The OMELCO Secretariat was established was to provide administrative support and services to the non-Government Members of the two Councils in the performance of their public duties.

4.5In his Policy Address on 7 October 1992, Governor Christopher Patten stated that there would be complete separation of non-Government membership of the Executive Council and the Legislative Council and that it seemed sensible to wind up OMELCO. To ensure that the Legislative Council had the independence it needed to represent the community effectively, the Governor invited proposals from Members on ways to enable the Legislative Council to have clear and separate management of its own affairs. After the Policy Address, discussion then took place for over a year between the Government and a working group headed by Sir John Swaine, then Deputy President and elected as President on 19 February 1993, to explore ways to develop financial and managerial autonomy in organising the Council's administration and support facilities. Membership of the President's Working Group, which was known as the Working Group on the Proposed Reorganisation of the Legislative Council Secretariat, originally comprised the President and 3 other Legislative Council Members^[5]. It was later enlarged to include 6 other Members from an OMLEGCO^[6] working group set up for a similar purpose^[7] to avoid duplication of work between the two groups.

A statutory body to oversee the administrative support to the Legislature

4.6The President's Working Group presented its report to the House Committee on 20 April 1993. In its report, the President's Working Group recommended the setting up of a new Legislative Council Secretariat^[8] for taking over the services then provided by the Office of the Clerk to the Legislative Council and the OMELCO Secretariat. The Working Group also recommended that to confer legal status on the new Legislative Council Secretariat, a Legislative Council Commission should be set up by statute to provide the necessary legislative framework to enable the Council to direct its own secretariat. The Commission should be given the managerial and financial autonomy to organise its own administration and support facilities, and to employ its own staff and determine their terms of service. In designing the remuneration package for staff, the key objective was that the package should be attractive enough to recruit, retain and motivate staff of high quality and at the same time publicly defensible.^[9] The Commission was to be financed from public funds and therefore subject to the same degree of financial control and accountability as other publicly-funded organisations.^[10] The general principles and guidance governing the administrative arrangements for the Commission and its working relationship with the Government would be set out in the Exchange of Letters between the Government and the Commission.^[11] The recommendations of the Working Group were endorsed by the House Committee.

4.7The House Committee also endorsed the President's Working Group's recommendation that the then incorporated OMELCO Secretariat should be reconstituted as The Legislative Council Secretariat with a new Executive Committee to serve as the Provisional Commission, pending the enactment of legislation to establish the Commission. The reconstituted Executive Committee should be a representative committee to be able to command the confidence of Members.^[12]

4.8On 20 May 1993, The OMELCO Secretariat was renamed as The Legislative Council Secretariat^[13]. All references to "Executive Council" in the Memorandum and Articles of Association were deleted. Its members were all non-Government Members of the Legislative Council and its Executive Committee consisted of the President, the Chairman and Deputy Chairman of the House Committee and no more than 8 other members.^[14] One of the major responsibilities of the Executive Committee during the 10 months before the Commission came into existence was to undertake the preparatory work for the establishment of the new Legislative Council Secretariat, including the development of human resources policies, the appointment of key staff of the new Secretariat and the phasing out of the seconded staff from the Government without causing disruption of service to the Council.^[15]

The Legislative Council Commission Bill

4.9On 9 March 1994, The Legislative Council Commission Bill was presented to the Legislative Council. It was passed on 30 March 1994 for it to take effect on 1 April 1994. The then incorporated Legislative Council Secretariat was dissolved ^[16] and the new Legislative Council Secretariat under the supervision of the Commission came into being. By virtue of section 4(1)(d) of the Ordinance, the members of the Executive Committee of The Legislative Council Secretariat Incorporated, other than the President, Chairman and Deputy Chairman of the House Committee, became members of the Commission. They held office until the first election of members of the Commission on 21 October 1994. Elections of members then took place once every year with the last term of the pre-1997 Legislature to serve until 30 June 1997.

4.10The Legislative Council Commission Ordinance was adopted as law of the HKSAR. For the smooth transition to the HKSAR, the Working Group on Administrative Matters^[17] of the Provisional Legislative Council proposed amendments to The Legislative Council Commission Ordinance to change the Chinese name of the Legislative Council and to make transitional arrangements arising from the establishment of the Provisional Legislative Council and its supporting structure. The Working Group also proposed to expand the membership of the Commission to not more than 13 members. The Amendment Bill which sought to implement these changes was passed by the Provisional Legislative Council on 7 June 1997 and confirmed through the passage of the Reunification Bill^[18] on 1 July 1997. The Legislative Council Commission Ordinance has since then remained the same up to this date.

Membership of the Commission

4.11The President, the Chairman and Deputy Chairman of the House Committee are respectively ex-officio Chairman, Deputy Chairman and member of the Commission. There can also be not more than 10 other members^[19] elected by and from amongst the Members of the Council in such manner as determined by the Council.^[20] For this purpose, the Council passed resolutions^[21] to set out the election method. The latest resolution, i.e. the one passed by the Council on 8 July 1998, is attached at Appendix 4-A. It has also been agreed among Members that the elected members of the Commission should be broadly representative of the groupings in the Council.^[22] The term of service of those members elected to the Commission is one year or until the next House Committee meeting held for the election of Commission members, or until the next dissolution of the Council, whichever is the earlier.^[23]

4.12During the prorogation of the Council, the membership of the Commission remains the same. However, upon dissolution of the Council, section 5(8) of the Ordinance provides that the persons who become the Chairman, Deputy Chairman and member by virtue of their being the President, Chairman and Deputy Chairman of the House Committee respectively remain in office until the next election of such offices after the commencement of the new Council.

4.13Where the Chairman is unable to perform his functions by reason of absence from Hong Kong or incapacity, the Deputy Chairman will act in the place of the Chairman. If the Deputy Chairman is also absent or incapable to perform the function of the Chairman, the Member who becomes member of the Commission by virtue of being the Deputy Chairman of the House Committee will act in the place of the Chairman.^[24]

Functions and powers of the Commission

4.14The functions and powers of the Commission are set out in section 9 and section 10 of The Legislative Council Commission Ordinance respectively.

Provision of administrative support and services to the Council

4.15The primary functions of the Commission are to provide through the Legislative Council Secretariat administrative support and services to the Council and to supervise the operation of the Secretariat. The Commission is the employer of all staff of the Secretariat. The establishment of the Commission as a body corporate has provided it with the legal capacity to enter into any contract or agreement with any party, be it a person to be engaged as a staff member or a contractor for the provision of service. The Commission has the powers to determine the structure and functions of the Secretariat, the remuneration package for staff as well as the human resources policies. In this respect, section 10(2) of the Ordinance provides that the Commission has to ensure that the grading, remuneration and other terms and conditions of service of staff of the Secretariat are kept, subject to the Commission's discretion to make exceptions in such cases as it sees fit, broadly in line with those applicable to persons employed in the Civil Service of the Government.

Provision of office accommodation

4.16The Commission also has the function to provide accommodation for Members of the Council and staff of the Secretariat. It is set out in the Exchange of Letters between the Government and the Commission that reasonable accommodation will continue to be provided by the Government to enable the Council to discharge its functions and office accommodation be provided for Members and staff. For these purposes, the Government provides to the Commission appropriate premises at a cost of $1 per year to enable the Commission to carry out its functions. Details of the conference and office facilities in the first purpose-built building of the Legislative Council are provided in the latter part of this Chapter.

Production of the official reports of proceedings

4.17Under Rule 6(6) of the Rules of Procedure, the Clerk to the Legislative Council, acting under the directions of the President, shall be responsible for the production of the Official Record of all proceedings in the Council and in the committee of the whole Council. This Official Record, generally known as the "Hansard"^[25], has a long history in the Hong Kong Legislature. Prior to 1968, only minutes of proceedings which recorded the Members attending, decisions taken and details of divisions held were kept. In the 1968 Standing Orders, the Clerk was given the responsibility for producing an official record of all speeches made in the Council and in the committee of the whole Council under the directions of the President. The much revamped 1968 Standing Orders^[26], which put great emphasis on the rules and procedures for debates, also ensured that the speeches made in the debates were duly recorded verbatim. The Government had since then provided a team of stenographers responsible for the production of the official record of the speeches made in the debates and other proceedings of the Council and committee of the whole Council. From 1985-1986 onwards, this team was enlarged to become a Hansard production team comprising translators and transcribers to provide a bilingual version of all records of proceedings. In April 1994, with the merging of the Office of the Clerk to the Legislative Council and the OMELCO Secretariat, the production of the bilingual version of Hansard has since then been part of the work of the Legislative Council Secretariat.

4.18The production of the official report^[27] of proceedings is one of the functions of the Commission, although procedurally it is the Clerk's responsibility to produce the Official Record of Proceedings under the directions of the President. The responsibility of the Commission is more related to the timeliness, quality and resources implications, while the actual production, including the content, i.e. the words used, remains the responsibility of the Clerk, under the directions of the President. In March 2009, the Commission decided that new pledges should be laid down for the production of the confirmed floor version, i.e. the version in the original languages, and the translated version of Hansard in order that the Official Records of Proceedings could be made accessible to Members and the public more expeditiously.^[28]

Other duties determined by resolutions of the Council

4.19The Council may by resolution give directions of a general or specific character to the Commission in relation to the performance of its functions or the exercise of its powers.^[29] The first time when the Council invoked this power was on 8 January 2014 when the Council passed a resolution^[30] to direct the Commission to use social media websites to share information contained in records of the proceedings of the Council for the purpose of enhancing the public dissemination of such information. In addition to giving directions to the Commission, the Council may also by resolution determine other duties to be performed by the Commission in addition to those provided in Section 9(a) to (d) of The Legislative Council Commission Ordinance.

4.20In deciding the extent of duties which can be performed by the Commission, the Council takes into account whether such duties fall within the scope of duties consistent with the purpose of this Ordinance and whether such an arrangement will give rise to any usurpation of the functions of the Council itself. Where a delegation of function is considered, the duties which are related to the formal proceedings of the Council must be delegated to a committee of the Council or the President or the Clerk, while the administrative support to the execution of such delegation may be undertaken by the Commission. In March 2014, the Council passed a resolution to amend the Rules of Procedure in order to require the Clerk to the Legislative Council to conduct reviews on Legislative Council documents and records for the purpose of declassification and to consider requests for access to such information.

Financial arrangements

4.21The Commission has autonomy in managing its finances and employing its own staff. The arrangements are set out in sections 12 - 14 of The Legislative Council Commission Ordinance and in the Exchange of Letters between the Government and the Commission.

Appropriation of funding for the Commission

4.22The funding provided to the Commission for performing its functions primarily comes from the Government through the annual appropriation exercise^[31]. The Commission may receive donations, fees, rent, interest, etc. but these only form a very small part of its income. Funded under a head of expenditure in the Estimates, the Commission is provided with an appropriation of fund each year to finance the operation of the Secretariat under a one-line vote. Request for new resources for the next financial year is subject to the approval of the Government in the annual Resource Allocation Exercise.

4.23To recognize the independent and special status of the Legislature, it has been agreed between the Government and the Commission that the bids from the Commission for additional funds for new and improved services would be considered independently on their own merits although consideration will also be given to the overall government budgetary situation. After support for new resources has been ascertained, the Secretary General, who is the chief executive of the Secretariat and designated as the controlling officer^[32], prepares the Commission's estimates of expenditure for incorporation in the draft Estimates of Expenditure for the following financial year. The Estimates form part of the Appropriation Bill presented to the Legislative Council each year for its approval. In other words, although it is the Council which approves the appropriation for the Commission, the proposed Estimates of the Commission come from the Government after the views of the Commission have been taken into account. This arrangement is to recognize the long-standing principle of the Government's right of financial initiative adopted in Hong Kong and embodied in the Public Finance Ordinance, discussed in Chapter 2 above.

4.24The expenditure of the Commission is provided under a number of subheads in Head 112 for specified purposes. The two major recurrent account subheads are: a cash-limited one-line vote for the operation of the Secretariat; and a running account for the remuneration and reimbursements to Legislative Council Members. In respect of the provision for the operation of the Secretariat ^[33], the Commission may keep any unused funds in the Reserves of the Commission. The Reserves may be spent at the discretion of the Commission provided that no such expenditure will create a commitment on Government funds without the prior approval of the Government.^[34] Regarding the provision for Members' remuneration and reimbursements, the amount included in the Estimates is the funding required for meeting the payments and claims in that particular financial year.

4.25In the Exchange of Letters signed between the Government and the Commission, the Government also undertakes to continue to provide the Commission with certain services such as maintenance and minor repairs, alteration and fitting-out works for the accommodation managed by the Commission, auditing of accounts, provision of staff training, procurement services, electronic services and information technology consultancy and advice, etc. as set out in the Exchange of Letters. Where the Government decides to charge the Commission for any of such services subsequently, necessary funds will be provided in the annual Estimates of Expenditure to meet the costs involved. The Commission is also responsible for taking out insurance cover in respect of its properties and third party liability; and the provision to meet such costs is included in the Commission's Estimates of Expenditure.

Auditing of accounts

4.26The Commission is required to keep proper accounts and records of all its financial transactions and, after the expiry of a financial year, prepare a statement of accounts and have the statement of accounts audited by such auditor appointed by the Commission^[35]. Since 1994-1995, the Commission's report on its activities during the previous financial year as well as its statement of accounts and auditor's report are tabled in the Council.^[36]

4.27The Director of Audit may also conduct value for money audits and examinations into the economy, efficiency and effectiveness with which the Commission has expended its resources in performing its functions and exercising its powers, and report to the Chief Executive and the President of the Council.^[37]

4.28In April 2003, the Director of Audit in its Report No. 40 on the Results of Value For Money Audits commented on the funding formula for computing subvention to the Commission for staff emoluments leading to the building up of the Commission's Reserves for which no ceiling had been set. The report was referred to the Public Accounts Committee for detailed examination. In its report tabled in the Council on 9 July 2003, the Public Accounts Committee acknowledged the constitutional status of the Legislative Council and the financial and managerial autonomy of the Commission. It also recognized that the provision of the one-line vote was to enable the Commission to have the autonomy and flexibility in deploying funds among various types of expenditure without being subject to the Government's control. The Committee considered that although the Commission enjoys a high degree of financial autonomy, it should also follow as closely as possible the guidelines on the best management practices issued by the Government and any decision to deviate from the guidelines should be made with strong justifications and should be explained publicly. It recommended that the Commission should consider whether there should be a ceiling for its Reserves. The Commission, in light of the findings of the Director of Audit and the Public Accounts Committee's views, agreed to update the funding arrangements for the computation of cash allowance and contract gratuities. On the matter of its Reserves, the Commission took the view that it needed adequate resources to enable the Legislative Council to perform effectively the constitutional functions stipulated in the Basic Law.^[38] The Commission has not considered it necessary to set a ceiling for the Reserves.

Meetings of the Commission

4.29The Commission usually meets once a month during a session. Meetings of the Commission are presided by the Chairman of the Commission or, in his absence or if he discloses a direct pecuniary interest on a matter under consideration by the Commission and is required by the majority of members present to vacate the chair, by the Deputy Chairman. If both the Chairman and Deputy Chairman are absent or are both required by the majority of members present to vacate the chair due to direct pecuniary interests, a member should be appointed by and from among the other members present to preside at the meeting or for a particular item of business.^[39] Members may take into account the provision in Section 5(9) of the Ordinance when appointing a member to preside at the meeting. ^[40] The member who presides has a casting vote in addition to his original vote.

4.30The quorum for any meeting of the Commission during the sessions of the Council is 4 members. After the dissolution of the Council, the quorum is 2 members.^[41]

4.31Members attending a meeting of the Commission or any of its committees must disclose the nature of any direct pecuniary interest they may have in a matter under discussion at the meeting, if such interest is greater than that which they have as a member of the general public. If so required by the majority of members present at the meeting, the member(s) who has direct pecuniary interest should withdraw from the meeting and, in any case except as otherwise determined by the majority of…members, should not vote on the matter.^[42]

4.32Meetings of the Commission are held in private. They are not open to other Members of the Council but the Commission may invite any Member to be present at a meeting for a particular item of business if it is considered that the presence of that Member would assist the Commission in considering the matter. On occasions, the Commission may conduct consultation sessions with Members of the Council. These consultation sessions may be open to the public but Members' speeches at these sessions are not protected under the Legislative Council (Powers and Privileges) Ordinance.

4.33Matters to be considered by the Commission may be raised by the Chairman, any member of the Commission, the Secretary General or by other Members of the Council if agreed by the Commission or the Chairman. The Secretary General and the Legal Adviser of the Secretariat are in attendance at all meetings to assist the Commission. With the agreement of the Chairman, other staff members or outside parties, including Government officials may be invited to the meetings of the Commission to assist members in their deliberation of any items of business on the agenda for the meeting.

Committees of the Commission

4.34The Commission may set up committees to perform any of its functions and delegate to them any of its functions and powers. The Commission determines membership, functions, powers and procedures of its committees.^[43]

4.35Three committees have been established since the establishment of the Commission in 1994. They are:

(a)Committee on Personnel Matters, which deals with appointment and personnel matters;

(b)Committee on Facilities and Services, which looks after the provision of accommodation and facilities to the Council and the Secretariat; and

(c)Committee on Members' Operating Expenses^[44], which advises on the processing of reimbursement claims for Members' allowances.

4.36Members of the Commission are invited to join the committees at the start of each term of office. All three committees are chaired by the Chairman of the Commission. The terms of reference of these committees are provided in Appendix 4-B. The Commission may set up subcommittees under any of its committees to deal with specific subjects within the terms of reference of the relevant committees. In 2004-2005, the Commission set up the Subcommittee on Information Technology Services under the Committee on Facilities and Services to advise on the information technology services provided by the Secretariat.

4.37In addition to these three committees, working groups and task forces are set up, whenever required, to deal with specific matters. A Working Group to Review the Organisation and Structure of the Legislative Council Secretariat was set up in 2001 to review the then organisation, structure, establishment and operational management procedures of the secretariat. The Working Group was dissolved in December 2003 after completion of its work. In 2002, a Task Force on New Legislative Council Complex was set up to draw up the planning and design parameters for the new Legislative Council Complex. With the shelving of the Tamar Development Project in November that year, all matters relating to the construction of the New Legislative Council Complex were taken up by the Commission itself. In 2008, the Commission set up a Committee on Art to advise it on matters relating to the acquisition of works of art for the new Complex. The Committee was dissolved in 2012 following the commissioning of the new Complex.

4.38In 2012-2013, the Commission set up the Committee on the Use of the Legislative Council Square which considers and approves applications for the use of the Legislative Council Square and imposes conditions of use where necessary. There is also an Appeals Committee to consider appeals against decisions of the Committee on the use of the Legislative Council Square.

The Legislative Council Secretariat

4.39The Legislative Council Secretariat was set up on 1 April 1994 when The Legislative Council Commission Ordinance came into force. Staff members of the Secretariat are directly engaged by the Commission to provide administrative support and services to the Council and its committees. Headed by the Secretary General, who is the chief executive of the Secretariat and at the same time the Clerk to the Legislative Council, the Secretariat consists of various grades of staff to provide specialist and general services to the Council. Among the various specialist grades are the Council Secretaries who serve as clerks to provide procedural advice and secretarial support to the Council and its committees.^[45] Working as a team with the clerks are the research officers, who provide general and specific research support to committees and the Council as a whole, and legal advisers who provide independent legal advice to committees and Members on bills, subsidiary legislation and policy matters. The Secretary General and all staff providing support to the Council and committees are required to exhibit at all times complete impartiality and professionalism in dealing with all procedural and other matters in the Council.

4.40Apart from servicing the business of the Council and its committees, the Secretariat also provides other supporting services, such as the translation of all papers issued by the Council which are produced in both English and Chinese, and the provision of simultaneous interpretation service in Cantonese, Putonghua and English to all open meetings of the Council and committees. ^[46] There is also a technical team to manage the conference and office facilities for supporting the work of the Council and a team of public information officers to facilitate media coverage of the Council and committee meetings and enhance public understanding of the work of the Council through the provision of visitor services and educational programmes for schools. Since the commissioning of the new Legislative Council Complex in October 2011, the Secretariat maintains a constitutional library in the Complex to provide reference materials for Members, staff and the public relating to development of the Legislature and constitutional systems in other jurisdictions. A Legislative Council Archives has also been established to preserve valuable records of and for the Council and to make them available for access by internal users and members of the public.

4.41The Secretariat also provides support to Members in the operation of the Legislative Council Redress System. The Council Secretaries who assist Members in handling complaints from the public also assist Members in communicating with the Government and referring matters to the relevant committees of the Council upon the instructions of Duty Roster Members.^[47]

4.42The organisational chart of the Secretariat and the main functions of each division are provided in Appendix 4-C.

Legislative Council Complex

Historical background

4.43Originally sittings of the pre-1997 Legislative Council were held in various central offices of the Government, including the Central Government Offices from 1957 to 1985. In anticipation of the increased number of elected Members in the Legislative Council in 1985, the Government renovated the former Supreme Court Building, a declared monument on Jackson Road, to provide conference and other facilities for the 60-Member Legislature and office accommodation for staff providing services to the Council. This building, named as the Legislative Council Building until 2011, was commissioned in October 1985. The conference facilities in the Legislative Council Building included a Chamber with press and public galleries, 2 meeting rooms for the holding of the closed meetings of the OMELCO committees. Following the formalization of the OMELCO committees and the opening up of the meetings of these committees to the public from 1992 onwards, it was soon found that the restricted configuration of the Legislative Council Building had made it difficult to provide sufficient conference facilities which allowed public access to the open meetings of the committees. Coupled with the need to provide office space for Members and the growing number of staff in the Secretariat, discussions took place between the Commission and the Government for almost a decade to explore all possible options to put the meeting facilities and offices of the Council under one roof. As interim measures, conversions inside the Building took place to provide for additional conference and press facilities by moving some staff offices to nearby commercial buildings.

4.44In April 2002, the Government finally decided to provide a purpose-built Legislative Council Complex at the Tamar site as part of the development of a civic core to house also the Central Government Complex and other facilities. The project was shelved in November 2003 in view of the impact of the SARS outbreak. With the improvement in economy, the project was re-launched in October 2005 and continued with the prequalification exercise (which started in 2003), which was the first stage of the tender exercise. With funding approved by the Finance Committee on 22 June 2006,^[48] construction works for the Tamar Development Project commenced in mid 2007. On 18 December 2009, additional funding was approved by the Finance Committee to provide, inter alia, additional space for the Legislative Council and barrier free access to all users and visitors throughout the Complex.^[49] In September 2011, all central offices of Members and offices of the Secretariat were moved into the new Legislative Council Complex.

Facilities in the Legislative Council Complex

4.45Meetings of the Council and its committees are held in the Legislative Council Complex which is situated at No. 1 Legislative Council Road in the Central District of Hong Kong. The Legislative Council Complex was officially opened in October 2011. The Complex comprises the Council Block, the Office Block and an adjacent open space area which is made up of the Legislative Council Square and the Legislative Council Garden. The 5-storey Council Block is connected to the lower floors of the Office Block providing easy access for Members and staff to commute between the two blocks. The design of the conference and office facilities in the Complex is to cater for a maximum of 120 Members in the Council although the fitting-out at the time of commissioning was only to cater for 60 Members. While the configuration of the Chamber and the conference rooms can be converted to enable more seats to be added, the expansion in space for Members' offices and the Secretariat will only be achieved through adding more floors on top of the Office Block. In September 2009, the Town Planning Board approved the potential expansion of the whole Legislative Council Complex^[50] although only one additional floor above the Office Block was included in the Tamar Development Project for completion in 2011. The additional floor was subsequently used to accommodate the offices of 10 additional Members for the Fifth Legislative Council in 2012. ^[51] In this respect, the Director of Audit, in his Report No. 61 tabled at the Council in October 2013, said that in implementing works for expansion in future, the remaining area of expansion should preferably be provided in one phase of works.^[52]

4.46The Council Block houses the Chamber, where meetings of the Council take place, and four conference rooms suitable for open meetings held by committees. All rooms are provided with public and press galleries and simultaneous interpretation facilities. One of the conference rooms, Conference Room 1, is designed to serve as an alternate venue for holding Council meetings if needed. Electronic voting devices are installed in the Chamber and Conference Room 1 to enable electronic voting to take place if a division is called at voting and to allow sign language interpretation of the proceedings held in those rooms. One of the conference rooms is capable of conversion into 2 separate conference rooms, each with its own press and public galleries, to enable more committee meetings to be held simultaneously. The configuration of the conference rooms also allows a larger number of deputations to be present at public hearings conducted by committees. The floor plans of the conference facilities in the Council Block are displayed in the Precincts of the Chamber and shown at Appendix 4-D.

4.47The design of the conference and ancillary facilities has taken into account the need to make the work of the Council more transparent to the public. All open proceedings of the Council and its committees are recorded and televised by the Secretariat's own broadcasting team and uploaded on the Legislative Council's official website and other social media websites. Two press conference rooms are located on the same floor of the Chamber and next to a duplex Press Room which provides dedicated work stations for the reporters and photographers assigned by different newspaper agents and media organisations to work on Legislative Council matters. Television and Radio Rooms on the circumference of the Chamber with full view of the proceedings inside the Chamber itself, are assigned to individual television, radio and electronic media organisations. Between the Dining Hall and the Chamber, there is a sitting-out area for the media to meet and interview Members and Government Officials who attend meetings of the Council.

4.48The Council Block also houses various facilities for use by members of the public. Apart from the Legislative Council Library and the Legislative Council Archives which are open to Members, staff and the public, there are also education facilities including a Children's Corner for children from 3 to 8, an Education Activity Room for the holding of mock Council meetings for students and exhibition galleries providing information on the historical development, functions and work of the Hong Kong Legislature for all visitors. Guided educational tours of the Complex are offered for members of the public on all days of the week except on certain public holidays. Visitors may also use the services of the Cafeteria and the Souvenir Shop at the Main Lobby of the Council Block.

4.49The Office Block houses the Public Complaints Office and offices of Members and the Secretariat. Based on the schedule of accommodation agreed between the Government and the Commission, each Member is provided with an office of 60 sq m in the Complex for the Member and his staff members. Members are provided with common conference facilities on each floor as well as a coffee corner which is connected to the Roof Garden of the Council Block.

Public access to the proceedings of the Council

4.50As explained in Chapter 2, subject to any restrictions imposed in accordance with the Powers and Privileges Ordinance, sittings of the Council are open to the public. The right of persons other than members or officers of the Council to enter or remain within the precincts of the Chamber is subject to the Rules of Procedure and any resolution of the Council limiting or prohibiting the enjoyment of such right.^[53] The President may from time to time, for the purpose of maintaining the security of the precincts of the Chamber, issue administrative instructions for regulating the admittance of person to the Chamber and the precincts of the Chamber.^[54] In drawing up the administrative instructions, the President may take into account the views of the Commission which has a supervisory role over the performance of the Secretariat in ensuring the proper management of the Legislative Council Complex.

4.51The expression "precincts of the Chamber" is defined in the Powers and Privileges Ordinance to mean the Chamber and offices of the Council and any adjacent galleries and places provided for the use or accommodation of members of the public and representatives of the press, and, on any days when the Council or a committee is sitting, the entire building and any forecourt, open space, etc. adjourning or appertaining to such building and used or provided for the purpose of the Council.^[55] In anticipation of the moving of the Legislative Council to the Legislative Council Complex in October 2011, the term "building" in the context of the "precincts of the Chamber" in the Administration Instructions for Regulating Admittance and Conduct of Persons ("Administrative Instructions") issued by the President was amended^[56] to mean the building or premises in which the Chamber is situated and marked as such on the plan deposited in the Office of the Clerk. This amendment allows the precincts of the Chamber to be in any location so long as the plan of such is marked and signed by the Clerk and deposited in his office.

Access to the precincts of the Chamber by the public and the media

4.52Members of the public including media representatives are required to behave in an orderly manner and comply with any direction given by any officer of the Council for the purpose of keeping order, and observe the instructions and requirements set out in the Administrative Instructions. Guidelines are drawn up to facilitate the staff members of the Secretariat, who are officers of the Council ^[57], to ensure compliance with the instructions and requirements.

4.53Visitors to the precincts of the Chamber must obtain a pass for entry to the precincts of the Chamber and display the pass at all times. They are not allowed to enter the areas reserved for Members or the President or officers of the Council or general offices unless with the permission of authorized persons. No person is allowed to display any sign, message or banner (including on an item of clothing) in a press or public gallery. An officer of the Council may refuse admission of any person who display such items or is believed to be displaying such items to a press or public gallery.

4.54There are approximately one hundred media representatives working inside the Legislative Council Complex on the days when the Council or its committees are sitting. These media representatives are reporters and photographers assigned by their media organisations to cover the work of the Legislative Council. It is the policy of the Commission to provide an environment which is conducive to facilitating the media representatives to report the proceedings of the Council and its committees and to interview Members inside the Legislative Council Complex. Technical support is provided where possible to minimize any disturbance to the open meetings.

Legal position of The Legislative Council Commission

4.55Through the Exchange of Letters with the Government, it has been established that the Commission is exempted from payment of taxes and rates. Where appropriate, amendments to the relevant legislation are made to give statutory effect to the exemptions. Exemptions for obtaining licences are also sought where the Commission is required by law to obtain a licence for undertaking certain activities within its premises. In January 2011, an order made by the Secretary for Home Affairs was tabled in the Council (in the form of subsidiary legislation) to exempt places under the management of the Commission from the requirement to obtain a licence under the Places of Public Entertainment Ordinance (Cap. 172) to hold activities/services which may constitute "entertainment" as defined in section 2 of the Ordinance. These activities/services include guided education tours for members of the public, story-telling and activity sessions for young children, exhibition on the activities of the Legislative Council, etc. which are directly related to the work of the Council.

4.56The Commission is a body corporate which has the legal capacity to sue or be sued in its name. As the Legislative Council is not a body corporate but the legislature of HKSAR, it does not have the legal capacity to be named as a respondent or defendant in judicial review proceedings ^[58], any judicial reviews or legal proceedings to be taken against the Council in respect of its proceedings may only be taken by naming the Members of the Council or members of the committee or subcommittee concerned, as respondents. Under such circumstances, it has been the practice of the Commission to engage a legal team on the recommendation of the Secretariat or the committee/subcommittee concerned to represent the individual Members and to bear the legal costs. In the event that individual Members may wish to opt out and seek separate legal representation, the Commission will determine on a case-by-case basis whether to accept liability, taking into account the nature and extent of possible legal costs involved, the justifications put to the relevant committee and/or the Commission for seeking separate legal representation, the extent of monitoring over the incurring of costs, the liabilities of the Commission for separate representation and other relevant factors. The legal costs incurred by individual Members in relation to a criminal charge or civil proceedings unrelated to the Members' service in the legislature are not to be borne by the Commission. As expenditure arising from judicial proceedings cannot be estimated in advance, there is a commitment on the part of the Government to bear any such costs which cannot be borne by the Commission from its budget for the year but subject to appropriate justifications.

Financial and administrative support for individual Members

4.57Members of the Legislative Council are provided with a monthly remuneration, an annual medical allowance and a gratuity at the end of their 4-year term of office. In addition to being provided with an office in the Legislative Council Complex, each Member may claim reimbursements for the operating expenses arising out of their Council duties, subject to various reimbursement guidelines and ceilings on the types of expenses incurred. The updated levels of remuneration and reimbursement are published on the Legislative Council website.

4.58The President of the Legislative Council receives a monthly remuneration twice of that received by a Member. The President's Deputy, who is the Chairman of the House Committee, receives a monthly remuneration one and a half times of that received by a Member. The above arrangements are to recognize the additional responsibilities of the President and the President's Deputy.

4.59The provision of remuneration or reimbursements for operating expenses is not stipulated in law or in the Rules of Procedure of the Legislative Council. It is a Government policy to provide a remuneration package for Members so as to enable a wide spectrum of quality individuals from different sectors of the community to serve the public in the capacity of Legislative Council Members vis-à-vis other pursuits and to reimburse their staffing and other operating expenses for the conduct of their legislative duties. The determination of the remuneration package and any changes to it requires the approval of the Finance Committee but the proposals for such changes must come from the Government.

4.60Reviews of the remuneration package are undertaken by the Independent Commission on Remuneration for Members of the Executive Council and the Legislature, and Officials under the Political Appointment Systems of the HKSAR ("Independent Commission") appointed by the Chief Executive. Under normal circumstances, the Independent Commission conducts a comprehensive review once every 3 to 5 years and normally about one year before the commencement of a new term. In the course of its work, the Independent Commission may meet with Members (whose views may also be represented by the Subcommittee on Members' Remuneration and Operating Expenses Reimbursement) and take into account the views of Members and other stakeholders in coming up with its own recommendations. Its recommendations are then put to the Government which, after seeking endorsement of the Chief Executive-in-Council, puts forward its proposal to the Finance Committee for implementation in the new term. There are however precedents that changes to the remuneration package may be made in the middle of a legislative term.^[59]

4.61The Subcommittee on Members' Remuneration and Operating Expenses Reimbursement ("the Subcommittee") is a subcommittee of the House Committee. It was first set up on October 1995 in the pre-1997 Legislature to review the use of Members' operating expenses reimbursement and allowances. Before the Subcommittee came into existence, there was a Working Group under the House Committee responsible for the review of Members' allowances and it communicated with the Independent Commission on matters relating to Members' remuneration and reimbursement. The same Subcommittee was set up by the House Committee of the First Legislative Council on 10 July 1998. The Subcommittee conducts its own reviews of Members' remuneration package and studies of overseas practices, and submits views to the Independent Commission as and when required after seeking support from the House Committee. It may also invite the Director of Administration to its meetings to check the progress of specific issues and request him or her to relay the Subcommittee's views to the Independent Commission.

4.62The historical development of the package of remuneration and reimbursements for Members of the Legislative Council is provided in Appendix 4-E.

Monthly remuneration

4.63Members receive a monthly remuneration which is taxable. During the 4-year term of the Legislative Council, the level of remuneration for Members is adjusted in October each year according to the average movement of the Consumer Price Index (C) in the previous 12 months up to August in the same year.^[60]

End-of-service gratuity

4.64An end-of-service gratuity pitched at 15% of the total remuneration received during the term is payable on completion of a term. In the case of a Member returned at a by-election, the gratuity is calculated at 15% of the total remuneration received from the day the election result is declared to the end of the term. A Member who resigns in the middle of a term is not entitled to this gratuity, unless he accepts a government appointment and becomes a public servant; or unless the President is satisfied, if necessary after consulting a body comprising Members of the Council, that the Member has resigned as a result of serious illness or any other valid reasons. In such cases the President has the discretion to have the gratuity paid to the Member. The gratuity is taxable.

Operating expenses reimbursement

4.65Each Member is provided with reimbursements to cover expenses arising out of his Legislative Council duties. The governing principles of the reimbursement system, as set by the Independent Commission at the time when the system was established, are as follows:

"(a)that Legislative Council Members must be accountable in respect of all their claims;

(b)that their claims should be credible and reasonable; and

(c)that all their accounts should be transparent and properly documented."

4.66These governing principles are reflected in A Guide for Reimbursement of Operating Expenses for Members of the Legislative Council ("Reimbursement Guide") drawn up by the Legislative Council Secretariat. In the Reimbursement Guide, Members are reminded of the need to avoid any conflict of interest when applying for reimbursements and to make the appropriate declaration if such a conflict of interest has arisen.

4.67All applications for claims are to be certified by the Members concerned and are processed by the Legislative Council Secretariat in accordance with the Reimbursement Guide under the supervision of the Secretary General. If a Member does not agree with the Secretariat's handling of a reimbursement claim, an appeal may be lodged with the Committee on Members' Operating Expenses of The Legislative Council Commission. The Committee comprises the three ex-officio members of the Commission, i.e. the President, the Chairman and Deputy Chairman of the House Committee. The Committee is responsible for formulating policies on administering the processing of reimbursement claims submitted by Members and advising on the related practices and procedures.

4.68Reimbursement claims made by Members are subject to compliance audit annually. All claim forms, declaration forms and supporting documents except employment contracts, consultancy agreements and separately provided personal data are available for public inspection at the Legislative Council Library.^[61]

4.69There are different types of reimbursements under the operating expenses reimbursement as explained below.

(a) Office operation

4.70The office operating expenses reimbursement is provided on an annual basis to enable Members to reimburse their expenses on the employment of staff, office equipment and furniture, general office expenses, office rentals and insurance, consultancy service, activities, etc. Staff should be recruited through an open process as stipulated in the Reimbursement Guide. Where a staff member is required to undertake duties which are not related to Legislative Council work, a declaration should be made on the percentage of work related to Legislative Council business and only that portion of the staff remuneration can be claimed. Each staff member is required to observe a code of conduct for staff. A Member is not allowed to employ his relatives as staff.

4.71A Member may claim reimbursements for office accommodation expenses arising from his district offices, including rentals, rates, government rents, management fees and utility charges. Where the office is shared with another party, only the portion of rental in proportion to the area used for Legislative Council business can be reimbursed unless other more equitable bases are available.

4.72Any unused balances in the annual reimbursable amount for office operation can be carried forward for use until the end of the legislative term.

(b) Entertainment and travelling

4.73Reimbursement for entertainment and travelling is non-accountable. However up to 50% of the amount for this type of claims can be used to meet staff expenses on an accountable basis. Any unused balances of one year cannot be carried forward to another year.

4.74Apart from claiming expenses on postage under the office operation expenses reimbursement, Members may also claim reimbursement direct from the Secretariat for postage expenses incurred on correspondence related to Legislative Council business except bulk mailing.

(d) Setting up and information technology

4.75Members may claim reimbursement for setting up their offices, including the one provided in the Legislative Council Complex, and for the purchase and use of information technology and communication equipment. However, a Member who has claimed any setting up expenses reimbursement in the previous term may only claim 50% of the reimbursable amount for setting up expenses in the current term for the purposes of renovation, removal, expansion and/or setting up of additional offices and for the addition or replacement of equipment and furniture.

(e) Winding up

4.76Winding up expenses reimbursement is claimable when a Member ceases to be a Member of the Legislative Council, either because he chooses

not to stand for re-election or for reasons over which he has no control, such as death, defeat in an election or dissolution of the Council. A Member who resigns or who is removed from office under Article 79(6) or Article 79(7) is not eligible for this reimbursement.

(f)Medical allowance

4.77Each Member is eligible for an annual accountable medical allowance to pay for the premium of their personal medical and/or dental insurance policies or to use the allowance to pay for the actual medical and dental expenses.

Advance of operating funds

4.78Members may obtain advance of operating fund to finance their office operation, entertainment and travelling expenses, as well as setting up and information technology expenses subject to the ceilings set out in the Reimbursement Guide.

Mechanism for handling complaints and allegations concerning Members' operating expenses reimbursement claims

4.79Following the conduct of a study by a subcommittee^[62] of the House Committee of the Third Legislative Council, a mechanism was put in place in July 2006 to handle complaints and allegations concerning Members' operating expenses reimbursement claims. This mechanism includes the following:

(a)stipulation in Rule 83AA of the Rules of Procedure that a Member when making operating expenses reimbursement claims or applying for advance of operating funds should ensure that any information provided or any declaration or certification made is true, accurate and complete, and should act according to any undertaking he has given;

(b)expansion of the terms of reference of the Committee on Members' Interests in Rule 73(1) of the Rules of Procedure to include the consideration and investigation of any complaint made in relation to the conduct of Members referred to in (a) above; and

(c)expansion of the scope of sanctions in Rule 85 of the Rules of Procedure to include non-compliance with the requirements stipulated in (a) above.

4.80Upon the receipt of a complaint, the Committee on Members' Interests may consider the complaint in accordance with the Committee's procedure for handling complaints and, if it thinks fit after consideration, investigate such complaint in accordance with its investigation procedure. In considering or investigating such a complaint, the Committee should, in addition to considering any other relevant matter, have regard to the provisions of the Reimbursement Guide. The procedure and rules governing the operation of the Committee, which is a standing committee of the Council with the power to summon witnesses, are set out in Rule 73 of the Rules of Procedure. Any other practices and procedure are determined by the Committee itself. The Committee reports the results of its investigation to the Council. Where the Committee considers that the alleged Member has failed to comply with the Members' obligations under Rule 83AA, it may move a motion in the Council to admonish, reprimand or suspend the Member.

[1]: The Clerk to the Legislative Council was an officer reporting to the Clerk of Councils who headed the Council's Division in the Government Secretariat.
[2]: Details about the committee structure of UMELCO are provided in Chapter 6. UMELCO stands for Office of the Unofficial Members of the Executive and Legislative Councils.
[3]: Traditionally, the Governor appointed a Senior Unofficial Member in the Executive Council and also one in the Legislative Council. These Senior Unofficial Members enjoyed a higher status in their respective Councils. In 1985, the post title of "Senior Unofficial Member" was changed to "Senior Member" following the removal of the term "unofficial" from the Standing Orders when referring to non-Government Members.
[4]: OMELCO stands for Office of the Members of the Executive and Legislative Councils.
[5]: In addition, 3 government officers were seconded to serve as assistants to the President in the work of the Working Group.
[6]: A decision was made by the House Committee to change OMELCO to OMLEGCO on 2 February 1993 for the purpose of the Estimates, Government telephone directory, etc. OMLEGCO stands for Office of the Members of the Legislative Council.
[7]: A working group was set up by the House Committee on 9 October 1992. Its terms of reference included the ways and means by which the Legislative Council could achieve financial and managerial autonomy in running its business and the sort of support services the Legislative Council would require for the efficient discharge of the Council's functions.
[8]: The services provided by the OMLEGCO Secretariat and Office of the Clerk to Legislative Council (under the Clerk to Councils) were merged under the new structure of the Legislative Council Secretariat.
[9]: Press statement made after the House Committee on 20 April 1993.
[10]: Speech given by the Chief Secretary when moving the Second Reading of The Legislative Council Commission Bill on 9 March 1994.
[11]: The Audit Commission's Report on 31 March 2003, Chapter 5.
[12]: LegCo Paper No. 2552/92-93 presented at the House Committee meeting on 20 April 1993.
[13]: This was pursuant to the special resolution passed at the 2nd Extraordinary Meeting of The OMELCO Secretariat held on 7 May 1993.
[14]: The official name of the OMELCO, in the context of the Estimates for 1993-94, was changed to OMLEGCO, which stands for Office of the Members of the Legislative Council.
[15]: To ensure a smooth transition, the phasing out of seconded staff from the Government spanned over a period of one year up to 31 March 1995.
[16]: Section 22 of The Legislative Council Commission Ordinance.
[17]: The Working Group on Administrative Matters of the Provisional Legislative Council was set up by resolution of the Council on 22 February 1997 to oversee the administrative support to the Provisional Legislative Council during its operation in Shenzhen up to 30 June 1997.
[18]: The Reunification Bill was the Bill passed by the Provisional Legislative Council on 1 July 1997 to confirm the bills passed by the Provisional Legislative Council before 1 July 1997. The Bill also sought to endorse the appointment of judges of the Court of Final Appeal and the Chief Judge of the High Court, assist the interpretation on and after 1 July 1997 of laws previously in force in Hong Kong, continue those laws and confirm certain other laws, establish the High Court, the District Court, magistracies and other courts, tribunals and boards, continue legal proceedings, the criminal justice system, the administration of justice and the course of public justice on and after 1 July 1997, continue the public service on and after 1 July 1997, assist the construction of certain documents on and after 1 July 1997, transfer the ownership of certain property and rights and provide for the assumption of certain liabilities on and after 1 July 1997, in consequence of the resumption of the exercise of sovereignty over Hong Kong by the People's Republic of China, and for connected purposes.
[19]: Section 4(2) of The Legislative Council Commission Ordinance provides that the Council may by resolution amend the number of "other members" of the Commission.
[20]: Section 4(1)(e) of The Legislative Council Commission Ordinance.
[21]: Resolutions were passed by the Council to determine the method of election of members to The Legislative Council Commission on 22 June 1994, 16 October 1995 and 8 July 1998.
[22]: Minutes of the House Committee on 13 October 1995.
[23]: Resolution passed by the Council on 8 July 1998.
[24]: Section 5(9) of The Legislative Council Commission Ordinance.
[25]: "Hansard" is the name given to the verbatim transcripts of speeches made in parliamentary debates.
[26]: See Chapter 1.
[27]: The "Official report of all proceedings in the Council and in any committee of the whole Council" in the context of section 9(d) of The Legislative Council Commission Ordinance refers to the "Official Record of all proceedings in the Council and in the committee of the whole Council" under Rule 6(6) of the Rules of Procedure of the Legislative Council.
[28]: For a one-day Council meeting, the Commission decided that the target timeframes for the production of the draft floor version of the Hansard should be reduced from 4 to 3 working days, the confirmed floor version from 22 to 7 working days, and the translated version from 66 to 24 working days, after the date of the relevant Council meeting.
[29]: Section 17 of The Legislative Council Commission Ordinance.
[30]: The passed resolution was published as a general notice in the Government Gazette (GN 155/2014).
[31]: See Chapter 6.
[32]: The Secretary General is deemed to be the controlling officer for the purpose of Public Finance Ordinance in respect of the Estimates of Expenditure. To preserve the independent status of the Commission, the Secretary General is not subject to the regulation, direction of instruction given by the Financial Secretary as in the case of other controlling officers in the Government unless the Commission has been consulted.
[33]: The Estimates for the operation of the Legislative Council Secretariat in 2014-2015 were $717.7 M.
[34]: Director of Audit's Report No. 40 published on 31 March 2003, Chapter 5, para. 1.10.
[35]: The Director of Audit has been appointed as the auditor of the Commission's statement of accounts.
[36]: Section 13 of The Legislative Council Commission Ordinance.
[37]: Section 14 of The Legislative Council Commission Ordinance.
[38]: Report on the Activities of The Legislative Council Commission (2003-2004).
[39]: Section 6(2) of The Legislative Council Commission Ordinance.
[40]: Para. 4.13.
[41]: Section 6(2)(a) of The Legislative Council Commission Ordinance.
[42]: Section 7 of The Legislative Council Commission Ordinance.
[43]: Section 10(1)(n) and section 11(1) of The Legislative Council Commission Ordinance.
[44]: The Committee on Members' Operating Expenses was formerly known as the Committee on Members' Allowances.
[45]: Under Rule 6(7) of the Rules of Procedure, the Clerk to the Legislative Council shall be responsible for providing every committee and subcommittee of the Council with a clerk.
[46]: Rule 2 of the Rules of Procedure provides that a Member may address the Council in either Putonghua, Cantonese or the English language.
[47]: Details are provided in Chapter 6.
[48]: Paper PWSC(2006-07)15 endorsed by the Public Works Subcommittee on 29 May 2006 and Paper FCR (2006-07)17 approved by the Finance Committee on 23 June 2006.
[49]: Paper PWSC(2009-10)73 endorsed by the Public Works Subcommittee on 2 December 2009 and Paper FCR (2009-10)44 approved by the Finance Committee on 18 December 2009.
[50]: The approval of the Town Planning Board was given in response to an application submitted by the Government under section 16 of the Town Planning Ordinance. The approved potential expansion included the addition of five floors above the Legislative Council High Block and 11 floors above the Podium of the Legislative Council High Block; the additional communal facilities; and an eating place (i.e. the café) for public enjoyment.
[51]: Some staff offices were moved to Queensway Government Offices.
[52]: Report No. 61 of the Audit Commission on 30 October 2013, Chapter 4, para. 4.19.
[53]: Section 8(1) and (2) of the Legislative Council (Powers and Privileges) Ordinance.
[54]: Section 8(3) of the Legislative Council (Powers and Privileges) Ordinance.
[55]: Section 2(1) of the Legislative Council (Powers and Privileges) Ordinance.
[56]: The amendment took effect on 1 October 2011.
[57]: Section 24 of the Legislative Council (Powers and Privileges) Ordinance provides that within the precincts of the Chamber, every officer of the Council shall, for the purposes of this Ordinance and of the application of the criminal law, have all the powers and enjoy all the privileges of a police officer.
[58]: See Glory Success Transportation Limited v Secretary for Justice, HCAL 93/2006 and Cheng Yin Fung v Legislative Council, CACV 378/2008; but note section 186 of the Copyright Ordinance (Cap. 528) provides that for the purposes of holding, dealing with and enforcing copyright, and in connection with all legal proceedings relating to copyright, the Legislative Council is to be treated as having the legal capacity of a body corporate.
[59]: In July 2001, the Government proposed modifications to the package of remuneration and allowances for Members with effect from 1 October 2001 to give Members more resources and greater flexibility in the use of their accountable allowances for office operating expenses. The proposal was approved by the Finance Committee on 6 July 2001.
[60]: Secretary for Financial Services and the Treasury is authorized by the Finance Committee to adjust the level of remuneration in accordance with the movement of CPI(C).
[61]: In November 2004, the Subcommittee on Members' Remuneration and Operating Expenses Reimbursement invited the ICAC to conduct a review on the administration of Legislative Council Members' operating expenses reimbursement claims. ICAC's report was presented to the Subcommittee on 1 March 2005.
[62]: The Subcommittee to Consider a mechanism for Handling Complaints and Allegations Concerning Members' Operating Expenses Reimbursement Claims was set up on 15 October 2004 by the House Committee. On 17 June 2005, the Subcommittee reported to the House Committee with its recommendations. On 5 July 2006, the Council passed a resolution to amend the relevant rules in the Rules of Procedure.

Chapter 4 Administrative support for the Legislative Council