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File Ref.: CMAB/C1/30/5 LEGISLATIVE COUNCIL BRIEF

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File Ref.: CMAB/C1/30/5 LEGISLATIVE COUNCIL BRIEF File Ref.: CMAB/C1/30/5 LEGISLATIVE COUNCIL BRIEF Legislative Council Ordinance (Chapter 542) LEGISLATIVE COUNCIL (AMENDMENT) BILL 2007 INTRODUCTION At the meeting of the Executive Council on 27 November 2007, the Council ADVISED and the Chief Executive ORDERED that the Legislative Annex A Council (Amendment) Bill 2007, at Annex A, should be introduced into the Legislative Council (“LegCo”). JUSTIFICATIONS 2. On 21 December 2005, the Government put to the LegCo two motions to amend Annexes I and II of the Basic Law respectively to implement the package of proposals for the methods of selecting the Chief Executive (“CE”) in 2007 and forming LegCo in 2008. As the motions did not receive the required two-thirds majority support of LegCo Members, the proposals could not be processed further. 3. In accordance with the Interpretation made by the Standing Committee of the National People’s Congress on 6 April 2004, if no amendment is made to the methods for selecting the CE and for forming the LegCo as stipulated in Annexes I and II of the Basic Law, the provisions relating to the two methods in Annexes I and II of the Basic Law will continue to apply. In the circumstances, the 2008 LegCo election will be held on the basis of the existing arrangements. Based on this approach, the number and composition of existing functional constituencies (“FCs”) should remain unchanged for the 2008 LegCo election, and only minor technical updates will be made. 1 4. We consulted the LegCo Panel on Constitutional Affairs on 19 November 2007 on the proposed approach of updating the electorate of FCs for the 2008 LegCo election. Their views are set out in paragraph 17. The Bill now seeks to implement the proposed amendments. THE BILL 5. The Bill seeks to amend the Legislative Council Ordinance (“LCO”) to update the electorate of FCs and, where necessary, makes consequential amendments to the Chief Executive Election Ordinance (Chapter 569)(“CEEO”). The main provisions of the Bill are explained below. (A) Changes in Names 6. Clauses 3, 5, 6 (except 6(1)), 7 (except 7(2)), 8(1), 8(2), 9 (except 9(5)) make technical amendments to the LCO to reflect changes in the names of corporate electors / organizations in the existing electorate of FCs. These amendments concern the following FCs - (a) Education; (b) Import and Export; (c) Information Technology; (d) Transport; (e) Sports, Performing Arts, Culture and Publication; and (f) Wholesale and Retail. (B) Deletion of FC Constituent 7. Regarding the Transport FC, clause 7(2) amends Schedule 1A to the LCO by deleting item 82 (i.e. Kowloon-Canton Railway Corporation) to reflect the corporation’s cessation of transport operation under the Rail Merger Ordinance (11 of 2007). 2 (C) Replacement of Corporate Elector/ Organisation in FCs 8. Regarding the Sports, Performing Arts, Culture and Publication (“SPCP”) FC, following the dissolution of the Hong Kong Sports Development Board (“HKSDB”) on 1 October 2004, the Hong Kong Sports Institute Limited (“HKSIL”) was established to take over the elite training function of the former HKSDB. The former HKSDB was a registered voter under the SPCP FC. As some key functions of the former HKSDB have been taken over by the HKSIL, the HKSIL should be included in this FC. Clause 8(3) amends Part 3 of Schedule 1B to the LCO by including the HKSIL in the SPCP FC. 9. The Wholesale and Retail FC is composed of members of the bodies listed in Schedule 1C to the LCO, that are entitled to vote at general meetings of the body. The bodies in this FC cover specific business sectors. The Tobacco Institute of Hong Kong Limited (“TIHKL”) was deleted from Schedule 1C to the LCO in 2006 upon its winding up in December 2004. In 2006, the Tobacco Association of Hong Kong Limited (“TAHKL”) informed us that it intended to replace the TIHKL as representative of the tobacco industry and requested its inclusion in the FC. Following the deletion of TIHKL from Schedule 1C to the LCO, there is no organization in this FC that represents the tobacco industry. Accordingly, there is a case for the TAHKL to be included in this FC as the representative body of the tobacco industry. Clause 9(5) amends Schedule 1C by including the TAHKL in this FC. (D) Restructuring of Membership 10. Section 20Z(1)(a) of the LCO provides that the Information Technology FC is composed of, amongst others, Fellows and Full Members of the Hong Kong Computer Society (“the Society”) entitled to vote at general meetings of the Society. The Society amended its constitution in April 2004 to reflect a restructuring of its membership, with the addition of a new membership category titled “Distinguished Fellows”. A Distinguished Fellow shall be a Full Member who has been recognized by the Council of the Society as having made an outstanding contribution to the Society. As 3 Distinguished Fellows must be Full Members, they are already covered in the existing electorate of the Information Technology FC. Hence, such amendments to the constitution would not affect the electorate base of the Information Technology FC. In accordance with sections 3(2A) and 3(2B) of the LCO, the Secretary for Constitutional Affairs approved in June 2006 the amendments to the Society’s constitution for the purpose of defining the composition of the Information Technology FC. Clause 6(1) amends section 20Z(1)(a) of the LCO by adding “Distinguished Fellows” entitled to vote at the general meetings of the Society in the composition of this FC. 11. Section 20Z(1)(f) of the LCO specifies that the Information Technology FC is composed of, inter alia, Fellows and Corporate Members of The Institution of Electrical Engineers Hong Kong (“IEEHK”) entitled to vote at general meetings of the Institution. In November 2002, the IEEHK informed the Government of the restructuring of its membership and change in membership criteria. In April 2006, the IEEHK merged with the Institution of Incorporated Engineers and changed its name to The Institution of Engineering and Technology Hong Kong (“IETHK”). In view of these developments, clause 6(2) amends section 20Z(1)(f) of the LCO to reflect the change of name of the Institution to IETHK, and the changes in its membership structure. The categories of the Institution’s members who formed part of the composition of the Information Technology FC under the Ordinance before the changes in name and membership structure will continue to form part of the composition after the proposed amendments to the Ordinance. (E) Consequential Amendments 12. Clause 10 contains consequential amendments to the Schedule to the CEEO to reflect the changes to the FCs in the composition of the relevant EC subsectors. (F) Others 13. Clause 4 deals with a minor clerical amendment in section 20U(3) of the LCO. 4 14. The existing provisions in the LCO and the CEEO which are being Annex B amended are at Annex B. LEGISLATIVE TIMETABLE 15. The legislative timetable will be – Publication in the Gazette 7 December 2007 First reading and commencement of 19 December 2007 Second Reading debate Resumption of Second Reading debate, To be notified Committee Stage and Third Reading IMPLICATIONS OF THE PROPOSALS 16. The proposal is in conformity with the Basic Law, including the provisions concerning human rights. The Bill does not affect the binding effect of the LCO. There are no civil service, productivity, environmental, economic, financial or sustainability implications. We have set aside financial provisions for the preparation and conduct of the 2008 LegCo election. PUBLIC CONSULTATION 17. The LegCo Panel on Constitutional Affairs was consulted on 19 November 2007 on the proposed approach of updating the electorate of FCs for the 2008 LegCo election. There were views supporting the proposed approach of amending the LCO. Some Members called for the broadening of the electorate base of FCs through, for example, replacing corporate electors by individual electors. Some Members also expressed objection to the maintenance of FCs. On the other hand, there were views expressing reservation on calls to abolish swiftly the FC system. In response to these 5 views, the Administration explained that as the package of proposals for the methods of selecting the CE in 2007 and forming the LegCo in 2008 did not receive the required two-thirds majority support of LegCo members, and in view of the Interpretation made by the Standing Committee of the National People’s Congress on 6 April 2004, the 2008 LegCo election would be held on the basis of the existing arrangements. PUBLICITY 18. A press release will be issued and a spokesperson will be made available to answer media and public enquiries. ENQUIRIES 19. Enquiries on the brief should be made to Mr. Ivanhoe CHANG, Principal Assistant Secretary for Constitutional and Mainland Affairs, on telephone number 2810 2908. Constitutional and Mainland Affairs Bureau 5 December 2007 6 Annex A LEGISLATIVE COUNCIL (AMENDMENT) BILL 2007 CONTENTS Clause Page 1. Short title 2 2. Commencement 2 3. Composition of the education functional constituency 2 4. Composition of the financial services functional constituency 2 5. Composition of the import and export functional constituency 2 6. Composition of the information technology functional constituency 2 7. Composition of the Transport Functional Constituency 3 8. Composition of the Sports, Performing Arts, Culture and Publication Functional Constituency 4 9. Composition of the Wholesale and Retail Functional Constituency 4 Consequential Amendments Chief Executive Election Ordinance 10. Election Committee
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