Chapter 6

Committee System

6.1The Legislature of Hong Kong has a long history of establishing committees of various kinds to assist it in performing its constitutional powers and functions. The roles of these committees are set out either in the Rules of Procedure or are approved by resolutions of the Council for specific purposes at the time when such committees are required. The committee system in the Hong Kong Legislature is unique. It has inherited the pre-1997 committee structure which was modelled on that adopted by British colonial legislatures during the early 1900s, and has also incorporated into it a committee structure which was found to be effective in Hong Kong during the 1970s and 1980s when Unofficial Members of the Hong Kong Legislature began to take an active role engaging with the Government on public policies and proposed legislation. The integrated committee system then evolved over the years to cater for the needs of the Council in light of public expectation for greater transparency and accountability and to provide for the implementation of provisions in the Basic Law after 1997.

6.2This Chapter outlines how the Council carries out part of its functions through its committees. It also illustrates the historical development of the committee system in the Hong Kong Legislature and explains the reasons for the different nature of the various types of committees in the Council and the different modes of operation in these committees. The detailed operation of the committees is examined in Chapter 12.

Historical development of the committee system

6.3On a regular basis, there may be more than 50 committees working at the same time during a session. Due to the different origins and purposes of these committees, their modes of operation may differ but they are guided by the same principles, which may be written down in the Rules of Procedure, or through established practices which are reflected in the House Rules or other procedural rules of individual committees. To understand how the various committees assist the Legislature in performing its functions, it is useful to understand the historical development of the committee system in particular during the 1980s when discussions had began on the future of Hong Kong and how it would operate as a Special Administrative Region of the People's Republic of China under the "one country, two systems" principle.

From 1843 to 1968

6.4In the pre-1997 Hong Kong Legislature committees of the Council (other than a Committee of the whole Council to which a bill was referred after second reading) were first mentioned in the 1884 Standing Orders. There were at that time 3 Standing Committees, namely the Finance Committee, Law Committee and Public Works Committee, all headed by Official Members. There were also Special Committees comprising at least three Members and they were set up as and when required. At that time, it was common for bills to be referred to the Law Committee headed by the Attorney General or to a special committee if considered necessary.

6.5In 1929, there was a major revision of the Standing Orders to align with those of other colonial legislatures. While the 3 Standing Committees remained unchanged, select committees were provided for in the Standing Orders to replace the Special Committees; and any matters before the Council could be referred by the President, or upon a motion duly passed by the Council, to a select committee. It was also in the same Standing Orders that a provision was made for a petition to be referred to a select committee on the moving of an appropriate motion. The 1929 Standing Orders continued in force until 1968 when it was found that some provisions were no longer followed and others were no longer effective. A detailed examination of the Standing Orders was then conducted by the Attorney General, together with Unofficial Members and Clerks. On 9 ‍October 1968, the 1929 Standing Orders were revoked and replaced by the much modernized 1968 Standing Orders.

From 1968 to 1991

6.6The 1968 Standing Orders provided for only one standing committee, the Finance Committee, in the Council. The Council could appoint one or more select committees to consider matters or bills which it might refer to such select committees. Detailed procedures for the Finance Committee and select committees were provided in the Standing Orders. At that time, the sittings of the Finance Committee and select committees were held in private unless the committees otherwise ordered. However, when the Finance Committee sat for the examination of the Estimates, public officers responsible for the services provided under any head of the Estimates were called to give evidence, and these meetings were open to the public.

6.7In 1978, the Council approved the setting up of another standing committee, the Public Accounts Committee, to examine the Director of Audit's reports. Meetings of the Committee were held in private unless ordered otherwise by the Committee. It was not until July 1991 that the Council set up its third standing committee, the Committee on Members' Interests, to examine the arrangements relating to the registration of Members' interests, to conduct investigation into complaints made in relation to Members' registration and declaration of interests, and to consider matters of ethics in relation to Members' conduct, etc.[1]

6.8During the 1970s and 1980s, although the formal structure of the Council provided for only 2 (later increased to 3) standing committees and occasional select committees, there in fact existed a substantial number of Ad ‍Hoc Groups, Panels and Working Groups under the informal committee structure of UMELCO[2]. Ad Hoc Groups consisting only of Unofficial Members of the Legislative Council were formed to examine individual items of legislation and to discuss issues of topical interest. They reported to the LegCo In-house meetings[3] after completion of work. In the late 1970s, standing groups (which were renamed as "Panels" in 1980) were formed to deal with topics of continuing importance such as housing, transport, education, security, health services, social services, etc. Membership of Panels was open to Members of both the Executive and Legislative Councils. They reported to the UMELCO In-house meetings. Panels continued to play an important role to enable the Unofficial Members of the two Councils to monitor Government policies and examine issues of public concern more effectively, although their meetings, like those of other committees under the formal structure of the Council, were held in private.

6.9Following publication of the Green Paper on The Further Development of Representative Government in Hong Kong [4] in July 1984, further changes took place to enable more meetings of the Legislative Council to be open to the public. In July 1984, the Standing Orders were amended to enable the Public Accounts Committee to meet ordinarily in public for hearing of evidence. In February 1985, the Standing Orders were again amended to enable the Finance Committee to meet in public. In June 1985, the Council passed the Legislative Council (Powers and Privileges) Bill which codified the immunities and privileges enjoyed by the Council and by its Members.[5] The Bill also provided power to the Council and some of its committees to summon witnesses and to receive evidence on public matters. However, the Ad Hoc Groups, panels, other working groups and in-house meetings under the UMELCO structure were outside the Standing Orders. Since they were not established under the Legislative Council they did not come within the meaning of "committees" under the Legislative Council (Powers and Privileges) Ordinance. When conducting their business these UMELCO committees were guided by their own long-standing practices and guidelines (which subsequently became the House Rules in 1988). They continued to hold their meetings in private although press briefings were usually conducted after meetings.

6.10In 1986, with the return in the previous year of 12 Members from functional constituencies and another 12 Members elected from an electoral college, the term "Unofficial" when referring to a non-Government Member of the Legislative Council was removed. The name of UMELCO was changed to OMELCO [6].

6.11In July 1991, following a review of the Standing Orders by an Ad Hoc Group comprising non-Government Members, substantial changes were put forward for the Council's endorsement, including the introduction of a register of Members' interests and the setting up of a Committee on Members' Interests based on the new arrangements in the United Kingdom House of Commons.[7] The Committee on Members' Interests was set up as a standing committee under the Council, thus enjoying the same powers as other standing committees under the Legislative Council (Powers and Privileges) Ordinance.[8]

From 1991 to 1997

6.12In September 1991, the direct election of Members from geographical constituencies was held for the first time. 18 directly-elected Members and ‍21 ‍Members elected from functional constituencies were returned to the 60-Member Legislature in October 1991. There was strong support from Members for all meetings of the committees under the OMELCO structure to be open to the public in order to enhance the transparency of the operation of the Legislature. As a result, a Working Group on the Committee Structure of ‍the Legislative Council was set up in January 1992 at a LegCo In-house Meeting[9]. Its remit was to develop a new committee structure by formalizing ‍the arrangements under the OMELCO system. On 8 July 1992, the Legislative Council approved amendments to the Standing Orders to provide for a new House Committee to take over the duties of the former LegCo In-House. In addition to discussing business of the Legislative Council and matters of particular concern to Members, the House Committee was empowered to set up Bills Committees (which replaced the OMELCO Ad Hoc Groups) to scrutinize proposed legislation. Bills Committees, which might receive representations from the public and, after completion of work, would be required to report their recommendations to the House Committee. Both the House Committee and Bills Committees would be committees of the Council but not standing committees. They might summon witnesses when authorized to do so by the Council.

6.13Following the announcement by Governor Christopher Patten in his Policy Address on 7 October 1992 on the separation of the Executive Council and the Legislative Council, all Non-Government Members of the Executive Council withdrew from membership of Panels. The OMELCO In-house meetings also ceased to function. As directed by the House Committee in October 1992, the Working Group on the Committee Structure of the Legislative Council continued to study how far the Panel system could be incorporated into the committee structure of the Council. In mid-1993, the Working Group reported back to the House Committee which agreed that all ‍Panels should be made formal committees of the Council and subcommittees ‍should be formed under the House Committee to take over the work of non-bill related Ad hoc Groups. The House Committee also agreed that Panels should not be tasked with the scrutiny of bills already introduced to the Council. Their work should be confined to the monitoring of Government policies. The House Committee further endorsed that Panels could summon witnesses if authorized by the Council. The Standing Orders were amended accordingly on 13 October 1993. The formalization of the OMELCO committees was then complete.

1997 to present

6.14The committee system adopted by the Provisional Legislative Council was similar to that provided in the Standing Orders before reunification. A new Committee on Rules of Procedure was set up under the Council on 10 ‍September 1997 with responsibility for reviewing the Rules of Procedure of the Council and the committee system, and to examine matters of practice and procedure relating to the Council referred by the Council or its committees, or by the President or raised by its own members. With the setting up of this Committee the former Subcommittee on Procedural Issues (which was a subcommittee of the House Committee before reunification) became defunct.

6.15When the Members-elect of the First Legislative Council met in June ‍1998 to consider the draft Rules of Procedure it was agreed that the same committee system should be retained. The Rules of Procedure which set out the functions and procedures of the various committees would continue to be in force until that date. The only new committee added to the committee system and included in the Rules of Procedure was an investigation committee to investigate charges against a Member for misbehaviour or breach of oath under Article 79(7).[10]

6.16In respect of the mode of operation of committees, those which were formerly committees under the OMELCO structure are guided by some general rules in the Rules of Procedure, supplemented by some common practices reflected in the House Rules. It had been the intention of the Working Group on the Committee Structure of the Legislative Council, which drew up the relevant Standing Orders for these committees, to provide flexibility for them to develop their own practices and mode of operation over time, and to keep much of the common practices in the House Rules for general guidance. The deliberations in Panels, Bills Committees and subcommittees on subsidiary legislation and on policy issues are, as a result, more interactive and less restrictive by way of formalities than in the Council itself. This facilitates communication among Members and exchange of views with the Government and other invited parties. For standing committees, the procedures are set out more comprehensively in the Rules of Procedure but committees are left to develop their own practices. For select committees, the procedures set out in the Rules of Procedure are both formal and restrictive as they are often set up to conduct inquiries. With the continuous call for greater transparency and accountability in public administration, changes to the operation of the committees are being made in order to facilitate increased public engagement and at the same time enhance the effectiveness of the committees in the deliberation of public policies as well as legislative and funding proposals.

Types of committees under the current committee system

6.17There are the following types of committees in the Legislative Council:

(a)standing committees, namely the Finance Committee, Public Accounts Committee and Committee on Members' Interests;

(b)select committees which may be appointed by resolution of the Council to consider matters or bills;

(c)committees of a standing nature with specific functions included in the Rules of Procedure, namely the House Committee, 18 Panels, Committee on Rules of Procedure and a committee of the whole Council (see paragraph 6.28);

(d)Bills Committees and subcommittees of the House Committee which are set up by the House Committee to study legislative proposals and are dissolved upon completion of work;

(e)Subcommittees set up by the House Committee with specific functions, such as the Parliamentary Liaison Subcommittee, or for assisting the House Committee in considering any items relating to the business of the Council, such as the Subcommittee on Review of Operating Expenses for Members of the Legislative Council;

(f)Subcommittees set up by the House Committee and by Panels to study policy issues for a period not exceeding one year unless with the approval of the House Committee; and

(g)Investigation committee appointed upon a motion moved to disqualify a Member from office under Article 79(7).

6.18A chart showing the various types of committees is provided in Appendix 6-A.

How committees assist the Council in performing its powers and functions

6.19As explained in Chapter 2, the powers and functions of the Legislative Council as set out in Article 73 of the Basic Law can be categorized into the following main areas:

(a)making of laws, which includes passing new laws and amending or repealing existing laws; laws in this context include ordinances and subordinate legislation;

(b)approval of budgets, taxation and public expenditure;

(c)monitoring of the work of the Government;

(d)endorsement of the appointment and removal of senior judges; and

(e)handling of complaints from the public.

6.20In the performance of these powers and functions the Legislative Council may summon witnesses and receive evidence, so may standing committees and, if so authorized by the Council, other committees[11].

Making of laws

6.21Article 8 of the Basic Law stipulates that "[t]he laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this Law [Basic Law], and subject to any amendment by the legislature of the Hong Kong Special Administrative Region." By resolution of the Standing Committee of the NPC on 23 February 1997, all ordinances and subsidiary legislation that were in force as part of the Laws of Hong Kong, with the exception of a few items, were adopted as those which would continue in force upon the establishment of the HKSAR on 1 ‍July 1997.

Bills

6.22Under the Basic Law, initiatives to make new laws or amend existing laws may come from the Government or individual Legislative Council Members. A proposal to make a new principal ordinance is called a bill, while a proposal to amend an existing ordinance is also a bill but is usually referred to as an amendment bill. Sometimes proposed legislative amendments which do not involve major policy changes but concern a number of areas may be grouped as an omnibus bill. A bill introduced by a public officer on behalf of the Government is a government bill.

6.23Individual Legislative Council Members may also introduce bills but such introduction is subject to Article 74 of the Basic Law which provides that only bills which do not relate to public expenditure or political structure or the operation of the government may be introduced by Members. For bills which relate to government policies, written consent of the Chief Executive is required. If a bill presented by a Member provides primarily for the particular interest or benefit of any individual, association or body corporate and is not a Government measure, it is defined as a "private bill" in the Private Bills Ordinance (Cap. 69). As private bills are initiated by Members, they are Members' private bills [12].

Subsidiary legislation

6.24Whilst the essential principles and provisions of a legislative proposal are set out in the main ordinance there are often supporting technical details which are not appropriate for enactment in the main ordinance but which need to have the force of law if the ordinance is to be effectively implemented. These details are often set out in subsidiary legislation in the form of a proclamation, rule, regulation, order, resolution, notice, rule of court, or bylaws. As subsidiary legislation is a form of delegated legislation, it is subject to supervision and intervention by the Legislative Council through one of the two procedures as provided in Sections 34 and 35 of the Interpretation and General Clauses Ordinance (Cap. 1) respectively. Section 34 provides the commonly known "negative vetting procedure", and section 35 provides the "positive vetting procedure".

Legislative proposals referred to committees for scrutiny

6.25Whether the legislative proposal is a bill or subsidiary legislation, the study of the proposal requires an understanding of its purposes, its objectives, and how such objectives can be achieved through the provisions in the proposal. Meeting with stakeholders is necessary to ensure that the impact of the proposal can be fully explained and carefully assessed, and any concerns arising from it can be addressed before the proposal is enacted into law for implementation of the relevant public policy. Hence in the case of bills, there is a requirement under Rule 54(4) of the Rules of Procedure that when a bill is presented to the Council, after the Member or public officer in charge of the bill has spoken on a motion that the bill be now read the second time, the debate shall be adjourned[13] and the bill shall be referred to the House Committee.

6.26The House Committee is a committee of the Council comprising all Members of the Council except the President. It normally meets every week while the Council is in session to deal with any matters relating to the business of the Council. The House Committee provides a forum for Members to decide how a legislative proposal is to be dealt with. Where detailed scrutiny of a bill is required, the House Committee may decide to refer it to a Bills Committee. If a piece of subsidiary legislation needs to be studied, it will be allocated to a ‍subcommittee of the House Committee. The Bills Committee and subcommittees on subsidiary legislation report back to the House Committee upon completion of their work. With the consent of the House Committee, the Government will be informed and in respect of bills, it may give notice for the resumption of the second reading debate. The House Committee therefore plays a crucial role in monitoring the progress in the scrutiny of legislative proposals.

6.27The call for greater transparency and accountability of the Government has made it necessary for increased public engagement in the study of any legislative proposal before it is passed into law. As the Legislature, with its open meetings, provides a forum for the general public to acquire a deeper understanding of the purposes and impact of a legislative initiative, it has been the practice since 1996 [14] that important legislative proposals are first brought to the relevant policy Panels of the Legislative Council for discussion. Where considered necessary, in particular in the case of a complex bill or subsidiary legislation, the House Committee may set up a subcommittee to study the legislative proposal before the bill is formally presented to the Council or the subsidiary legislation is made in accordance with the empowering provision in the principal ordinance. Early consultation with the Legislature enables the subject matter to be more openly and thoroughly discussed by the community before the details of the bill are finalized and put to the Chief Executive-in-Council for endorsement. The deliberations of the Bills Committee are set out in its report to the House Committee and then to the Council in the form of a paper under Rule 21(4A) of the Rules of Procedure.

6.28After a motion for the second reading of a bill has been agreed to, the bill shall stand committed to a committee of the whole Council, or to a select ‍committee if so decided by the President or by the Council upon a motion moved without notice.[15] The function of the committee of the whole Council or the select committee is to discuss the details of the bill rather than its principles. It has power to make such amendments as it shall think fit. Details of this part of the legislative process, well known as the "committee stage" are set out in Part K of the Rules of Procedure. It has not been the practice in recent years for bills to be referred to a select committee, although the Rules of Procedure provide for it.

Approval of public expenditure and taxation

6.29Under Article 62 of the Basic Law, it is the Government's power and ‍function to draw up and introduce budgets and final accounts. Under Article 73(2) and (3), it is the Legislative Council's power and function to examine and approve budgets introduced by the government, and to approve taxation and public expenditure.

6.30As explained in Chapter 5, the term "budget" in the context of Articles 50 and 51 of the Basic Law is interpreted as meaning the Appropriation Bill. The Appropriation Bill, which is usually introduced into the Legislative Council in late February or early March each year, seeks the Council's authorization of an appropriation from the general revenue up to a specified sum in a manner detailed in a Schedule to the Bill, for the services of the Government in the upcoming financial year. Under the Public Finance Ordinance (Cap.‍ 2) [16], the Financial Secretary is required to prepare in each financial year estimates of the revenue and expenditure of the Government for the next financial year which commences on 1 April and to table the Estimates of Expenditure before the Council at the same time as the Appropriation Bill is introduced. The estimates for each individual bureau and department under the respective heads of expenditure are set out in the Schedule to the Appropriation Bill.

6.31After the Financial Secretary has delivered his speech (which is often known as the "Budget Speech") when moving the second reading of the Appropriation Bill, the debate is adjourned and the Estimates are referred by the President to the Finance Committee for examination. The Finance Committee, which comprises all Members of the Council except the President, holds special meetings during the following 4 to 6 weeks to examine the Estimates of Expenditure before the Council resumes debate on the second reading of the Appropriation Bill. The purpose of the examination is to ensure that the provision sought is no more than is necessary for the execution of the approved policies.

Vote on Account

6.32Prior to the passage of the Appropriation Bill, the Legislative Council may by resolution authorize the Government to incur expenditure during the interim period from the start of the financial year on 1 April to the enactment of the Appropriation Ordinance.[17] This resolution, generally known as the Vote on Account Resolution, is usually moved after the proposed Estimates of Expenditure have been tabled and before the start of the next financial year. The amount sought for a recurrent operating account subhead is usually not more than 20% of the relevant provision shown in the Estimates in respect of that subhead, and in respect of a non-recurrent operating account subhead or a capital account subhead, the amount sought is not to exceed 100% of the provision shown in the Estimates.[18] In respect of funding for specific initiatives under planning or capital projects pending approval the Government will recommend a definitive sum on a need basis. Upon the Appropriation Ordinance coming into operation, the expenditure charged on the general revenue pursuant to the Vote on Account Resolution shall be set off against the amounts respectively provided in the Appropriation Ordinance.[19]

6.33The Vote on Account is a resolution, i.e. subsidiary legislation subject to the positive vetting procedure. For a resolution of this nature, where it is considered that the subsidiary legislation requires further study, the House Committee will set up a subcommittee for the purpose and the Government will be asked to withdraw the notice given for the motion. However, due to the limited time available for the scrutiny of the Vote on Account Resolution, the House Committee usually would not require the notice to be withdrawn. Consequently the subcommittee would have to work under a very tight timetable, reporting back to the House Committee after completion of its work.

Changes to the approved Estimates

6.34Following the passage of the Appropriation Bill, the Financial Secretary may propose changes to the approved Estimates of Expenditure for certain purposes which were not anticipated or could not be included in the Estimates at the time when they were prepared. Such proposed changes are submitted to the Finance Committee for approval.[20] The Finance Committee is assisted by two subcommittees, namely the Establishment Subcommittee and the Public Works Subcommittee, in examining proposals relating respectively to establishment changes (in particular changes in directorate posts) and public works items under the Capital Works Reserve Fund. The Finance Committee may delegate to the Financial Secretary the power to approve such changes but subject to the conditions, exceptions and limitations it may specify in the delegation. When the changes are approved, expenditure for such purposes will be met from the general revenue and charged to the relevant head of expenditure.

Supplementary Appropriation Bill

6.35At the close of account for each financial year, if it is found that expenditure charged to any head of expenditure is in excess of the sum appropriated for that head in the Appropriation Ordinance for that year, the excess shall be included in a Supplementary Appropriation Bill introduced into the Legislative Council for its approval.[21] The Supplementary Appropriation Bill is usually introduced in June in the following financial year. Where detailed study is required, a Bills Committee will be formed by the House Committee.

Auditing of public accounts

6.36Within 7 months after the close of the financial year, the Director of Audit, appointed by the Chief Executive to examine, inquire into and audit all public accounts, must prepare and submit to the President of the Legislative Council a report in respect of his examination and audit of the Government accounts.[22] The Director of Audit must report to the President any serious irregularities in the accounting for the receipt, expenditure or custody of public moneys or any assets of the Government and which come to his notice in the performance of his duties. Within one month after receipt of the report and certified statements from the Director, a copy of the report must be laid before the Legislative Council. The Director's report shall be referred to the Public Accounts Committee for consideration. The Committee studies the report of the Director of Audit and tables its report in the Council within 3 ‍months (or such longer period as the President may determine [23]) after the tabling of the Director's report. Since July 1987, the Director of Audit has also submitted to the President reports on "value for money" audits of the Government and other organisations which are within the purview of public audit.[24] The Public Accounts Committee is also required to table its report on these value for money audit reports within 3 months (or such longer period as the President may determine) after the tabling of the Director's report.

Taxation

6.37While the Budget Speech of the Financial Secretary covers both the revenue and expenditure proposals, the Appropriation Bill contains only the expenditure proposals. Any measures to generate new revenue in the form of taxes or modification of existing charges have to be dealt with separately through other legislative means, such as a bill or subsidiary legislation.

6.38Any proposals to seek changes to taxation or charges need to be submitted to the Legislative Council through enactment of laws,[25] i.e. in the form of bills or subsidiary legislation, as the case may be. It is usual practice that these proposals are put to the relevant Panels for discussion on the policy aspects before the proposals are formally introduced to the Council for endorsement. Once the proposals are formally introduced, the matters will be considered by the House Committee which will decide whether any bills committees or subcommittees on subsidiary legislation, as the case may be, should be set up to study the proposals in detail.

Monitoring of government policies and operation

6.39In exercising its powers and functions as stipulated in Article 73(4), (5) and (6) of the Basic Law and in ensuring the Government's accountability to the Legislative Council under Article 64, the Legislature monitors the work of the Government and reflects the opinions of the community on specific issues of public interests for consideration and action by the executive authorities. The committee system assists this process as summarized below.

Briefings on the Policy Address

6.40Article 73(4) refers to the Legislative Council's power and function to receive and debate the policy addresses of the Chief Executive. Following the delivery of a policy address by the Chief Executive, a motion is moved by a Member of the Council, by convention the Chairman of the House Committee, for a Motion of Thanks to the Chief Executive at a meeting normally 2 to 4 ‍weeks after the delivery of the policy address.[26] During this period, a series of policy briefings are held by the Directors of Bureaux at meetings of the respective Panels [27] of the Legislative Council. At these open meetings, the Directors of Bureaux explain in detail those new initiatives within their policy portfolios introduced in the policy address and also respond to questions from Members in relation to any policy issues about which the community is concerned. At the meeting set down for the moving of the Motion of Thanks the debate on the policy address will take place and Members will vote on the motion and any amendments for which notice has been given.

Motion debates

6.41All decisions of the Council are made by way of motions. To facilitate the Council to form an opinion on a particular issue, Members may move motions (not intended to have legislative effect) at Council meetings. For this type of motion, the President may shorten the time of speaking upon the recommendation of the House Committee [28]. Where a motion is passed, the Government is requested to provide a report on the actions taken by the Government in relation to the motion passed within 2 ‍months. The relevant Panel is also required to follow up with the Bureau concerned and monitor the actions taken by the Government.

6.42It has been the practice[29] that no more than two debates with no legislative effect initiated by Members should be held at each regular Council meeting, except with the permission of the President under special circumstances upon the recommendation of the House Committee. There is a mechanism in the House Rules[30] to ensure that all Members of the Council are given an equal opportunity to initiate such non-legislative motion debates during the term.

6.43From time to time, there is also a need for the Council to express views in response to Government consultation papers, reports, etc. The House Rules[31] provide a mechanism for the allocation of a Council "slot" to the chairman of the relevant committee, usually the relevant Panel, to initiate a motion debate on such matters.

Adjournment debates

6.44The expression of views on public affairs may also be effected through adjournment debates, which have a long history in the Hong Kong Legislature. Before debates on substantive motions became a regular form of debate initiated by individual Members in 1992, most debates on public issues took place in the form of adjournment debates. Adjournment debates are initiated upon a motion that "the Council do now adjourn" under Rule ‍16 of the Rules of Procedure. Where it is not desired to formulate a motion in express terms, as in the case of a motion debate, for the purpose of debating an issue or issues, an adjournment debate may be held. Under Rule 16(2), such a motion may be moved without notice between two items of business at a Council meeting by a Member or a designated public officer if the President is satisfied that the adjournment is for the purpose of discussing a specific issue of urgent public importance. The President may also allow such a motion to be moved under Rule 16(4), which requires a notice of 7 clear days, for the purpose of raising any issue concerning public interest with a view to eliciting a reply from a designated public officer, but this type of adjournment debate may only take place at the conclusion of all business on the Agenda. Individual Members who wish to initiate an adjournment debate under Rule‍ 16(4), if two motion debates have already been scheduled for the same meeting, must first seek the support of the House Committee.[32]

Panels

6.45Under the Rules of Procedure and resolutions passed by the Council, Panels, which are committees of the Legislative Council, have been established with the specific function of monitoring and examining Government policies and issues of public concern. They also provide a forum for the exchange and dissemination of views on policy matters and formulation of views on any major legislative or financial proposals prior to formal introduction to the Council or Finance Committee. The number of Panels to be formed and their terms of reference are approved by the Council based on the recommendations of the House Committee. The House Committee also determines the manner and timing of signification of membership. Since the First Legislative Council, 18 Panels have been formed. Each takes responsibility for a specific policy area(s), which may be changed by resolution in the Council to correspond with changes in the division of responsibilities of the Directors of Bureaux in the Government.

6.46A Panel usually allocates time at its regular meeting for the deliberation of specific policies or issues which are raised for discussion either by the Panel itself or are referred to it by the Council or the House Committee. A Panel may invite their corresponding Director(s) of Bureau(x) to brief members on any subject matter within its terms of reference. Where considered necessary, special meetings may be held to receive views from the public and to exchange views with the Bureau(x) or other parties concerned. Sometimes a subcommittee may be formed by a Panel (either on its own or jointly with other relevant Panels) to monitor the work of the Government on a major policy or issue. If the Panel considers it necessary to seek the views of other Members on a particular matter, it may invite non-Panel Members to its meetings or refer the matter to the House Committee to consider the way forward. Substantial policy issues are not discussed at the regular meetings of the House Committee.

Subcommittees on policy issues

6.47The House Committee may also set up a subcommittee for the ‍purpose of studying a major issue if the subject matter of the issue straddles the portfolios of a number of Panels and Members who are not members of ‍those Panels also wish to take part in the study of the issue. The subcommittee is expected to complete its work within 12 months and report back to the House Committee upon completion.[33]

Select Committees

6.48A select committee is appointed by the Council for a particular purpose[34] and dissolves when its work is completed or at the end of the Council term whichever is earlier. Generally speaking, if it is considered that an inquiry ought to be conducted into a particular matter, a select committee may be set up to look into the matter. The procedure and mode of operation of a select committee is set out in detail in the Rules of Procedure. Where it is considered that the select committee should be given the power to summon witnesses, a motion to that effect should also be put to the Council for its approval. A select committee must report back to the Council upon completion of its work.

Appointment and removal of judges

6.49In considering the appointment and removal of judges of the Court of Final Appeal and the Chief Judge of the High Court, the Legislative Council has put in place a mechanism to assist it to perform its constitutional role of endorsing the proposals effectively.

6.50For the appointment of these judges, the Government first advises the House Committee of the Chief Executive's acceptance of the recommendation of the Judicial Officers Recommendation Commission for appointment, and provides sufficient information on the recommended judicial appointee(s). The House Committee then decides whether the matter ought to be referred ‍to ‍a subcommittee under the House Committee for discussion. If a subcommittee is to be formed, it must report its deliberations to the House Committee after completion of its work. The Government will then give notice of a motion in the Council for the endorsement of the recommended appointment. The motion will be moved, debated and voted on at a Council meeting.[35] If the motion is passed, the appointment by the Chief Executive will take effect and must be reported by him to the Standing Committee of the NPC for the record.[36]

6.51In considering the removal of judges, the same mechanism will apply. As the Basic Law provides that the recommendation for the removal of a judge should be made by a tribunal appointed by the Chief Justice of the Court of Appeal, and the recommendation for the removal of the Chief Justice of the Court of Final Appeal should be made by a tribunal appointed by the Chief Executive, the House Committee would be advised of the Chief Executive's acceptance of the recommendation from the relevant tribunal before making any public announcement. It is then for the House Committee to decide whether a subcommittee should be formed to discuss the Chief Executive's acceptance of the recommendation. If a subcommittee is to be formed, it must report its deliberations to the House Committee after completion of its work. The Administration will then give notice of the motion seeking the Legislative Council's endorsement of the recommended removal. The motion will be moved, debated and voted on at the Council meeting. If the motion is passed, the Chief Executive must report such removal to the Standing Committee of the NPC for the record.[37]

Handling of complaints from the public

6.52The handling of complaints and petitions from members of the public has long been an important part of the work of the Members of the Legislative Council. While the committees under the current committee system do not directly deal with individual complaints, policy issues which have given rise to such complaints are often referred to Panels for further examination or, in the case of petitions against certain proposed legislation, such matters are referred to the bills committees or subcommittees set up to study the related legislative proposals.

Redress System

6.53The handling of complaints from the public has been an important function of the Members of the Legislative Council since the early 1960s as mentioned in paragraph 6.8 above. Under the redress system operated by UMELCO/OMELCO [38], Members received complaints from members of the public aggrieved by Government policies and operations as well as petitions and representations on bills or legislative proposals under the scrutiny of the Legislature. The mode of operation of the redress system has remained largely the same over the years. In groups of seven, Members take turn to be on "ward duty" at the Public Complaints Office during their duty week to meet deputations and individual complainants. Where considered appropriate, these Duty Roster Members may hold case conferences and discuss the issues with the government departments concerned. The Duty Roster Members also give directions to staff of the Legislative Council Secretariat on the way to deal with individual cases.

Complaints against Government policies and operation

6.54In the course of handling individual complaint cases, where it is considered by Duty Roster Members that there is a need to review certain legislation or public policy of the Government, a request will be made to the relevant Panel for the matter to be brought up for discussion by the Panel. By exchanging views with the Government at an open meeting of the Panel, any inadequacies of legislation or policy will come under public scrutiny. The commitment or agreement on the part of the Government to review or change the policy or legislation concerned will be relayed back to the complainant through the Duty Roster Members and followed up by the Panel.

Petitions on proposed legislation

6.55Petitions and representations on legislative proposals are referred to the bills committees or subcommittees on subsidiary legislation set up to study the legislative proposals concerned. It is now common practice for these committees or subcommittees to conduct open hearings to receive views from stakeholders and members of the public on the legislative proposals under their scrutiny.

Policy issues over the redress system

6.56Matters which relate to the scope of complaints that can be handled under the redress system as well as the working mechanism of the redress system are considered by the House Committee. The operation of the system itself does not come within the House Committee or other committees of the Council. It is not uncommon that individual Members take up the issues identified in the course of handling complaints by raising questions to the Government in the Council or moving motion or adjournment debates on such issues at Council meetings.

Relationship between the Council and its committees

6.57Committees report to the Council according to the terms of references and practices. Decisions of a committee are not binding on the Council but a committee may make recommendations to the Council for its endorsement. Different ways of reporting back to the Council have been adopted by the various types of committees according to their own special circumstances. It is common practice that committees such as Panels, Committee on Rules of Procedure, etc. which carry out their work on a continuous basis, report to the Council at the end of each session or as and when necessary. Finance Committee reports to the Council after the examination of the Estimates and Expenditure. The Public Accounts Committee reports to the Council in accordance with the requirements under the Audit Ordinance. The Committee on Members Interests reports to the Council at the end of the legislative term and each time when an investigation is undertaken. Bills Committees, select committees and investigation committees, which are formed for undertaking specific tasks, report to the Council upon completion of their work. It is common practice for those committees which are authorized by the Council to summon witnesses for the purpose of conducting an inquiry to initiate a debate in the Council through a neutrally worded motion, such as "to take note of the report". For other motions initiated by committees, Rule 14A of the House Rules provides a mechanism to facilitate timely expression of views on public consultation exercises conducted by the Government and on major policy issues.

6.58 The effectiveness of the committee system in assisting the Council in performing its powers and functions is reviewed by the Committee on Rules of Procedure. The House Committee provides a forum for Members to

deliberate the recommendations of the Committee on Rules of Procedure. Where changes to the Rules of Procedure are considered necessary, a proposal by way of motion must be put to the Council for its approval before such changes may be implemented. If the changes are of a minor nature and only involve amendments to the House Rules, or simply a change in practice, the decision may be made by the House Committee.

[1]
The relevant amendments to the Standing Orders took effect on 12 September 1991.
[2]
UMELCO stands for Office of the Unofficial Members of the Executive and Legislative Councils. See Chapter 4.
[3]
There were two kinds of in-house meetings in UMELCO: LegCo In-house meetings which met weekly when the Legislative Council was in session to discuss matters relating to forthcoming Council sittings; and UMELCO In-house meetings which met bi-weekly to consider reports of complaint cases and issues of interest to Members of both the Executive and Legislative Councils.
[4]
See Chapter 3.
[5]
In his Policy Address on 4 October 1984, the Governor explained that the purpose of the Legislative Council (Power and Privileges) Bill was to confirm the privilege of Members’ statements in debate; provide assurances that Members could perform their duties according to their conscience; and introduce powers to hear evidence on matters of public interest.
[6]
OMELCO stands for Office of the Members of the Executive and Legislative Councils.
[7]
See Chapter 3.
[8]
Section 9(1) of the Legislative Council (Powers and Privileges) Ordinance provides that the Council or a standing committee may order any person to attend before the Council or before such committee to give evidence or to produce any paper, book, record or document in the possession or under the control of such person.
[9]
The LegCo In-house Meetings were open to the public from September 1991 onwards although such meetings were not covered by the Legislative Council (Powers and Privileges) Ordinance.
[10]
New rule 73A was added to the Rules of Procedure on 28 April 1999.
[11]
Standing committees, by virtue of section 9(1) of the Legislative Council (Powers and Privileges) Ordinance, may order any person to give evidence, while all other committees may also have this power, where so authorized by the Council, under section 9(2) of the Ordinance.
[12]
Bills introduced by individual Members were traditionally known as "Private Members' Bills", i.e. "PMB" which could be on both public and private matters. "Private Members" refers to the Unofficial Members during the pre-1997 period. The term "PMB" is still used up to this date when referring to the private bills introduced by individual Members.
[13]
Rule 54(4) also provides that the Council may, on a motion which may be moved without notice, order that the debate shall not be adjourned. The Council shall then continue with the Second Reading debate. This practice, known as the "previous question" is a long standing one in the UK House of Commons. So far no such motion has been moved in the Legislative Council. See Erskine May's Treatise on The Law, Privileges, Proceedings and Usage of Parliament, 24th Edition, p. 404.
[14]
Following the decision of the House Committee on 19 January 1996, Rule 22(q) of the House Rules was added in October 1996.
[15]
Rule 55 of the Rules of Procedure.
[16]
Sections 5 and 6 of the Public Finance Ordinance.
[17]
Section 7(1) of the Public Finance Ordinance.
[18]
See Report of the Subcommittee on Proposed Resolution under Section 7(1) of the Public Finance Ordinance, Cap. 2, para. 16-19.
[19]
Section 7(3) of the Public Finance Ordinance.
[20]
Section 8(1) of the Public Finance Ordinance.
[21]
Section 9 of the Public Finance Ordinance.
[22]
Sections 8, 12 and 13 of the Audit Ordinance (Cap. 122).
[23]
Section 12 of the Audit Ordinance (Cap. 122).
[24]
See Chapter 12.
[25]
Article 64 of the Basic Law.
[26]
Rule 13 of the Rules of Procedure.
[27]
Panels are committees of the Council to monitor and examine policy matters and consider issues of public concern.
[28]
Rule 37 of the Rules of Procedure.
[29]
It was first included in the House Rules of October 1992 that no more than two debates should be held at each regular Council sitting. Further details are provided in Chapter 11.
[30]
Rules 13 and 14 of the House Rules.
[31]
Rule 14A of the House Rules.
[32]
Rule 13(a) of the House Rules provides that the holding of an adjournment debate pursuant to Rule 16(4) of the Rules of Procedure in addition to not less than two motion debates may be allowed by the President under special circumstances upon the recommendation of the House Committee.
[33]
Rule 26(c) of the House Rules.
[34]
Rule 20(6) of the Rules of Procedure provides that a petition shall be referred to a select committee if not less than 20 Member rise in support of a request that the petition be referred to a select committee.
[35]
The mechanism was endorsed by the House Committee on 16 May 2003 and 28 May 2004.
[36]
Article 90 of the Basic Law.
[37]
Article 90 of the Basic Law.
[38]
See Chapter 4.