Subcommittee to Study the Proposed Accountability System
for Principal Officials and Related Issues

Fourth meeting on Tuesday, 7 May 2002 from 8:30 am to 12:45 pm
in the Chamber of the Legislative Council Building

A G E N D A

1. Matters arising from discussion on items I - III of the List of Areas for Study



2. To continue discussion commencing from items IV of the List of Areas for Study


List of Areas for Study - Appendix I

List of relevant papers issued - Appendix II

Council Business Division 2
Legislative Council Secretariat
6 May 2002

Appendix I

Subcommittee to Study the Proposed
Accountability System for Principal Officials and Related Issues

List of Areas for Study

				LegCo Paper on Accountability System for Principal Officials provided by Constitutional Affairs Bureau (paragraph no. if relevant)
I.	General issues
	1.	Consistency with the Basic Law		8 (a)
	2.	Timing for implementing the proposed system		2, 3, Annex A and Annex B
	3.	Need for primary legislation to underpin the proposed system		-
	4.	Constitutional relationship between the Chief Executive/principal officials/ Permanent Secretaries/LegCo		-
	5.	Powers and functions of the Chief Executive and his accountability		-
	6.	Relationship between the Central People's Government and principal officials		-
II.	Principal officials under the proposed system
	1.	Number of principal officials and their portfolios		11 - 13
	2.	Inclusion of the Secretary for Justice in the proposed system		14 & 17
	3.	The post of Secretary for the Civil Service		18 - 19
	4.	Functions and role of principal officials in the Executive Council		13
	5.	Functions and role of the Chief Secretary for Administration		14 & 15
	6.	Functions and role of the Financial Secretary		14 & 16
	7.	A Code similar to the United Kingdom "Ministerial Code" to specify the functions of principal officials and to regulate their conduct		-
III.	The function, composition and operation of the Executive Council			13
IV.	Splitting, merging and retention of Bureaux			24 - 25
	1.	Civil Service Bureau		25
	2.	Constitutional Affairs Bureau		25
	3.	Home Affairs Bureau		25
	4.	Security Bureau		25
	5.	Portfolios of Commerce & Industry and Manpower		24(a)
	6.	Portfolios of Economic Services and Information Technology		24(b)
	7.	Portfolios of Financial Services and Treasury		24(c)
	8.	Portfolios of Environment & Food and Health & Welfare		24(d)
	9.	Portfolios of Housing and Planning & Lands		24(e)
	10.	Portfolios of Transport and Works		24(f)
	11.	Education portfolio		-
V.	Civil service under the proposed system
	1.	Permanent Secretaries		20 - 21
	2.	The Civil Service		23
	3.	Need for a "Civil Service Code" similar to the one in the United Kingdom		-
	4.	McKinsey Report on Strengthening the Machinery of Government		-
VI.	Chief Executive's Office			26
VII.	Relationship between bureaux and departments			34 - 37
VIII.	Review of advisory and statutory bodies and other public bodies, implications of the proposed system on their roles and functions			34 - 37
	1.	Examples of these bodies include Hong Kong Monetary Authority, Radio Television Hong Kong, Securities and Futures Commission and Judicial Officers' Recommendation Commission.		-
IX.	Development and formulation of constitutional conventions			-
X.	Issues relating to appointment, employment and removal of principal officials
	1.	The process of nomination and appointment and the entering into contract with the Government		10
	2.	Termination of contract and removal of principal officials		12
	3.	Integrity checking and medical examination		46
	4.	Employment package, including their remuneration		38 - 44
		(a)	Impact on the Chief Executive and other comparable offices in the Judiciary, e.g. the Chief Justice	-
	5.	Terms and conditions		9 - 10
	6.	Administrative support		45
XI.	Conflict of interest			27 - 30
XII.	Arrangements for civil servants appointed as principal officials under the proposed accountability system			47 - 48
XIII.	Transfer of statutory functions			31 - 33
	1.	Draft resolution to be made under section 54A of the Interpretation and General Clauses Ordinance (Cap. 1)		Annex A
	2.	Draft Interpretation and General Clauses Ordinance (Replacement of Schedule 6) Order 2002		Annex B
XIV.	Financial and staffing implications			49 - 51

Council Business Division 2
Legislative Council Secretariat
26 April 2002

Appendix II

Subcommittee to Study the Proposed
Accountability System for Principal Officials and Related Issues

List of relevant papers issued

I.	General issues
	LC Paper No. CB(2)1679/01-02(01)	--	Administration's paper on whether introducing a new system of appointment for principal officials on terms different from those in the civil service would contravene the Basic Law
	LC Paper No. CB(2)1735/01-02(01)	--	Administration's paper on "Constitutionality of the Accountability System"
	LC Paper No. CB(2)1787/01-02	--	Websites of court judgments of the four cases quoted in LC Paper No. CB(2)1735/01-02(01)
	LC Paper Nos. CB(2)1803/01-02(01), (02), (03) &(04)	--	Information notes prepared by Legal Service Division on the judgments of the four cases quoted in LC Paper No. CB(2)1735/01-02(01)
	LC Paper No. CB(2)1809/01-02(01)	--	Administration's paper on relationship between Chief Executive/principal officials/Permanent Secretaries/LegCo, powers and functions of Chief Executive and relationship between Central People's Government and principal officials
	LC Paper No. CB(2)1822/01-02(01)	--	Administration's paper on "Resolution under Section 54A of the Interpretation and General Clauses Ordinance"
II.	Principal officials under the proposed system
	LC Paper Nos. CB(2)1678/01-02 (01), (02) &(03)	--	Bar Association's submission and the Administration's papers relating to the post of Secretary for Justice
	LC Paper No. CB(2)1734/01-02(01)	--	Existing role of the Secretary for Justice
	LC Paper No. CB(2)1734/01-02(02)	--	Existing schedule of responsibilities of the Secretary for the Civil Service
	LC Paper No. CB(2)1734/01-02(03)	--	Existing role and span of control of the Chief Secretary for Administration
	LC Paper No. CB(2)1734/01-02(04)	--	Existing role and span of control of the Financial Secretary
	LC Paper Nos. CB(2)1734/01-02 (05) and (06)	--	Existing role and membership of the Executive Council
III.	The function, composition and operation of the Executive Council
	LC Paper No. CB(2)1809/01-02(02)	--	Administration's paper on "Executive Council"
	LC Paper No. CB(2)1822/01-02(02)	--	Administration's paper on "References to the Chief Executive in Council in the Laws of Hong Kong"
IV.	Splitting, merging and retention of Bureaux
V.	Civil service under the proposed system
	LC Paper No. CB(2)1809/01-02(03)	--	Administration's paper on "Civil Servants" and "Public Servants"
	IN23/01-02 issued under LC Paper No. CB(2)1810/01-02	--	Information Note on "The Civil Service Code of the United Kingdom" prepared by Research and Library Service Division
	IN25/01-02 issued under LC Paper No. CB(2)1810/01-02	--	Information Note on "Some Civil Service Management Issues in the United Kingdom" prepared by Research and Library Service Division
	LC Paper No. CB(2)1822/01-02(03)	--	An information note prepared by the LegCo Secretariat on the McKinsey Report
	LC Paper No. CB(2)1822/01-02(04)	--	Administration's paper on "Preserving the Integrity and Probity of the Civil Service"
VI.	Chief Executive's Office
VII.	Relationship between bureaux and departments
VIII.	Review of advisory and statutory bodies and other public bodies, implications of the proposed system on their roles and functions
IX.	Development and formulation of constitutional conventions
X.	Issues relating to appointment, employment and removal of principal officials
	LC Paper Nos. CB(2)1677/01-02(01), (02) &(03)	--	Executive Summary, Parts 5 and 6 of the Research Report on Process of Appointment of Senior Members of Government in Selected Countries
XI.	Conflict of interest
	LC Paper Nos. CB(2)1676/01-02 (01), (02), (03) & (04)	--	Executive Summary and Part 6 of the Research Report on Restrictions on Activities of Former Heads of Government and Former Senior Members of Government and Supplementary Information
XII.	Arrangements for civil servants appointed as principal officials under the proposed accountability system
	LC Paper Nos. CB(2)1758/01-02(01), (02), (03) & (04)	--	Papers relating to pension arrangements for civil servants appointed as principal officials under the accountability system
XIII.	Transfer of statutory functions
XIV.	Financial and staffing implications
Other relevant papers
	Issues raised at previous meetings
	LC Paper No. CB(2)1691/01-02(04) (Chinese version issued vide LC Paper No. CB(2)1710/01-02)	--	A summary of concerns and views raised at the meetings of the Panel on Constitutional Affairs prepared by LegCo Secretariat
	LC Paper No. CB(2)1711/01-02(01)	--	Administration's response to issues previously raised at the meetings of Panel on Constitutional Affairs
	LC Paper No. CB(2)1762/01-02(01)	--	Issues raised at the meeting of the Panel on Constitutional Affairs on 18 April 2002
	LC Paper No. CB(2)1775/01-02(01)	--	Issues raised at the meeting of the Subcommittee on 29 April 2002
	LC Paper No. CB(2)1821/01-02(01)	--	Issues raised at the meeting of the Subcommittee on 3 May 2002
	General
	LC Paper No. CB(2)1711/01-02(02)	--	A list of areas for study by the Subcommittee proposed by Hon Cyd HO Sau-lan
	LC Paper No. CB(2)1728/01-02(01)	--	List of Areas for Study
	LC Paper No. CB(2)1728/01-02(02)	--	Meeting schedule of the Subcommittee
	LC Paper No. CB(2)1733/01-02(01)	--	Press release dated 24 April 2002 on Economist Intelligence Unit (EIU) Report on Hong Kong
	LC Paper No. CB(2)1733/01-02(02)	--	Press releases dated 24 April 2002 on the Administration's responses to the EIU Report on Hong Kong
	LC Paper No. CB(2)1733/01-02(03)	--	Press release dated 24 April 2002 on the Chief Secretary for Administration's speech at the luncheon of the British Chamber of Commerce on the proposed accountability system for principal officials

Council Business Division 2
Legislative Council Secretariat
10 May 2002