Historical Development of the Legislature 1843-1845 Founding of Legislative Council The Legislative Council was established in 1843. It mainly played an advisory role to the Governor of on law-making matters.

1843 Establishment of Legislative Council The island of Hong Kong officially came under British rule in 1843. Hong Kong's pre-1997 constitutional framework was set out in the Letters Patent and the Royal Instructions promulgated by Queen Victoria in 1843. The Letters Patent authorized the establishment of the Governor, the Executive Council and the Legislative Council ("LegCo") and empowered the Governor to make and enact laws and ordinances with the advice of LegCo. The Royal Instructions spelt out the role and The Letters Patent provided the responsibilities of the Governor and the two Councils, as well as the first constitutional framework of constitution of the two Councils and the rules and procedures of LegCo Hong Kong. (Replica) (Source from The National Archives of the UK for the enactment of laws and ordinances. (TNA): Public Record Office (PRO) C 66/4683)

1844 Earliest LegCo sitting 1845 LegCo was first formed with a composition of three Official First version of Standing Members and the Governor as President of the Council. Due to an outbreak of fever, the earliest LegCo sitting was Orders and Rules for not convened until January 1844. It was chaired by LegCo Governor Henry POTTINGER, and attended by two Official The first version of Standing Orders Members. and Rules for the Legislative The first Hong Kong Ordinance, No.1 of 1844, relating to Council of Hong Kong was adopted slavery, was passed on 28 February 1844. in pursuance of Article 6 of the Royal Instructions of 1843.

The first LegCo sitting The first Hong Kong The earliest minutes was chaired by Sir Ordinance, No.1 of of LegCo (Replica). Henry POTTINGER, the 1844 (Replica). first Hong Kong (Source from TNA: PRO Governor in 1843-1844. CO130/1) (Courtesy of the HKSAR Government) 1846-1944 Early development of the Legislature During this period, Unofficial Members were appointed. The year 1888 saw a significant change to the Letters Patent that made it mandatory for the Governor to obtain the consent of LegCo in law-making.

1850 First two Unofficial Members The first two Unofficial Members, 1880 David JARDINE and Joseph Frost EDGER, First Chinese Unofficial Member were appointed to LegCo with the aim of In early 1880, barrister NG Choy (also known as broadening community representation in WU Ting-fang) was provisionally appointed to fill a the Council. temporary vacancy, making him the first Chinese Unofficial Member. After NG Choy’s resignation in 1882 before the expiry of his term of office, Governor George BOWEN supported the principle of introducing Chinese membership to LegCo and later officially appointed WONG Shing as the Chinese Unofficial Member of the Council in 1884. In the following years, LegCo continued to expand its membership to include more Official and Unofficial Members.

David JARDINE (1818-1856). (Courtesy of the Jardine Matheson Group)

1888 Amendments to the Letters Patent NG Choy (1842-1922). WONG Shing (1827-1902). (Courtesy of the HKSAR (Courtesy of Tung Wah Group of The Letters Patent were amended and Government) Hospitals) became effective on 19 January 1888. Under the revised article, the Governor was required not only to seek the advice but also the consent of LegCo in enacting laws.

2 Early development of 1846-1944 the Legislature

1890 Publication of the Hong Kong Hansard It is not known when the Hong Kong Hansard, the official verbatim reports of sittings of LegCo, was first published but copies existed from 1890 onwards.

Hong Kong Hansard (Session Copies of ordinances enacted 1890-1891) (Replica). in 1896, 1897 and 1898. (Source from LegCo Archives, LAS 1/4/34)

1941 Adjournment of LegCo sitting On 13 November 1941, Governor Mark YOUNG held the Council’s last sitting before the Japanese occupation of Hong Kong. The sitting was adjourned sine die (until further notice).

Sir Mark YOUNG, Governor in 1941-1947. (Courtesy of the HKSAR Government)

3 1945-1983 Development of the Legislature after war years Governor Mark YOUNG proposed changes to the structure of LegCo soon after the Council had resumed its sittings in 1946, but his proposals were abandoned in 1949. In 1964, the numbers of Official Members and Unofficial Members were the same for the first time in the history of LegCo.

1946 Resumption of LegCo On 1 May 1946, LegCo resumed and held its first sitting on the same day. Governor Mark YOUNG later put forward the "Young Plan", which contained proposals on changes to the structure of LegCo, with seven Official Members and eight Unofficial Members, in addition to the Governor. The plan was abandoned in 1949.

Major-General Umekichi OKADA delivered his sword as a symbol of surrender of Japan. (Courtesy of Library and Archives Canada: PA-114815)

1963 Establishment of UMELCO 1964 The Office of the Unofficial Members of the Executive and Legislative Councils ("UMELCO") was established Numbers of Official and to promote closer relationship between members of Unofficial Members the public and the Unofficial Members of the two Membership of LegCo was increased Councils. from 18 to 26. For the first time, the numbers of Official Members and Unofficial Members were the same.

The emblem of UMELCO.

4 Development of the Legislature 1945-1983 after war years

1965 First female Unofficial Member Mrs Ellen LI Shu-pui, the first female Unofficial Member of LegCo, was appointed. 1972 Use of Chinese at Council sittings Chinese, in addition to English, was permitted at Council sittings.

Mrs Ellen LI Shu-pui (1908-2005). (Courtesy of Dr Ellen Li Charitable Foundation)

Video showing the proceedings of a LegCo sitting conducted in English and Chinese.

1976 First "grassroots" LegCo Member WONG Lam, an employee of the Kowloon Motor Bus Company, was appointed an Unofficial Member. He became the first "grassroots" LegCo Member. The Member’s identification pass issued to WONG Lam (1919-2016) (Replica). (Source from WONG Lam)

5 1984-1997 The Legislature before the Handover The Sino-British Joint Declaration on the Question of Hong Kong was signed in 1984. In the following year, some LegCo Members were returned for the first time by indirect election. In 1991, the first batch of directly elected Members was returned. The first fully elected Legislature in Hong Kong was formed in 1995.

1984 Signing of the Sino-British Joint Declaration In accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong ("Joint Declaration") signed in 1984, China would resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. The Joint Declaration also sets out the basic policies of the People's Republic of China regarding Hong Kong. These basic policies shall be stipulated in the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China ("Basic Law").

1985 First LegCo indirect election 1985 Following the release of the Green Paper on the Home of LegCo in the former Further Development of Representative Supreme Court Building Government in Hong Kong in July 1984, election LegCo took over occupation of the former was held for the first time in 1985 for returning Supreme Court Building in Central in 1985. LegCo Members. The building, opened in 1912, was converted Composition of LegCo in 1985 into the home of LegCo. Before 1985, the Mode Source of candidate Number Council met at the LegCo Chamber in the Elected from an electoral college 24 Main Wing of the Central Government constituency (10) Offices. from functional constituencies (12) from (1) from Regional Council (1) Appointed 22 Official 11 Total 57

Video showing the home of LegCo from 1985 to 2011.

6 The Legislature before 1984-1997 the Handover

1985 Powers and privileges of LegCo 1991 The Legislative Council (Powers and First LegCo direct election Privileges) Ordinance (Cap. 382) was Eighteen Members were returned by direct election in enacted. It defines the immunities nine geographical constituencies. Among the 18 elected and privileges enjoyed by the Members, Emily LAU Wai-hing was the first female Council and its Members to facilitate Member returned by direct election. Directly elected the performance of parliamentary Members aside, there were four ex-officio Members, duties. It also empowers the Council 18 appointed Members and 21 Members returned by and standing committees to order functional constituencies. the attendance of witnesses to give evidence or produce documents, and enables the same power to be given to any other committee by resolution of the Council.

Group photo of LegCo Members Emily LAU Wai-hing, the first (1991-1995). female Member returned by (Courtesy of the HKSAR Government) direct election.

1993 Governor ceased to be the President of LegCo The last Governor, Christopher PATTEN, ceased to be the President of LegCo. He handed over the presidency to a Member elected from and among Unofficial Members. Sir John J SWAINE was the first elected President of LegCo.

Sir John J SWAINE (1932-2012). (Courtesy of the HKSAR Government)

7 The Legislature before 1984-1997 the Handover

1994 Establishment of The Legislative Council Commission 1995 The statutory Legislative Council Commission was established under The Legislative Council First fully elected Legislature Commission Ordinance (Cap. 443). The Ordinance The first fully elected Legislature in also provides the legal framework for the Hong Kong was composed of 60 Members. Commission and the new independent LegCo It was also the last LegCo before Secretariat, under the supervision of the Hong Kong’s return to China. Commission, to operate with managerial and financial autonomy to provide administrative support and services to the Council.

1997 Last LegCo under British rule The original intent of the Basic Law was to allow Members of the last LegCo under British rule to sit on the first LegCo of the Hong Kong Special Administrative Region ("HKSAR") automatically if the electoral methods for returning these Members complied with the Basic Law and the decision passed by the National People’s Congress on 4 April 1990. As the condition was not met, the term of the last LegCo under British rule ended on 30 June 1997.

Photo of Members taken after the last LegCo sitting before Hong Kong’s return to China. (Courtesy of the HKSAR Government)

8 1996-1998 Transitional years The Provisional LegCo was established in 1996 as an interim Legislature for Hong Kong.

1996 Establishment of the Provisional LegCo The Provisional LegCo was established in December 1996 as an interim Legislature for Hong Kong to pass laws necessary for the establishment of the HKSAR. All the 60 Members of the Provisional LegCo were elected by a 400-member Selection Committee for the First Government of the HKSAR. The The Provisional LegCo convened its first The emblem of the Council held its first meeting on 25 January 1997 meeting in Shenzhen on 25 January 1997. Provisional LegCo. in Shenzhen and completed its work in June 1998.

1997 Passage of the Hong Kong Reunification Bill On 1 July 1997, the Provisional LegCo held a meeting immediately after the Handover Ceremony to pass the Hong Kong Reunification Bill.

The Handover Ceremony held on Swearing in by Members of the the night of 30 June 1997. Provisional LegCo on 1 July 1997. (Courtesy of the HKSAR Government) (Courtesy of the HKSAR Government) Passage of the Legislative Council Bill On 28 September 1997, the Provisional LegCo passed the Legislative Council Bill, which provides for the constitution, convening and dissolution of LegCo, to enable the first LegCo of the HKSAR to be established.

9 1998 and onwards Legislative Council of the HKSAR The HKSAR was established immediately after Hong Kong's return to China in 1997. In the following year, the First LegCo of the HKSAR was established. In 2010, a constitutional reform package proposing to expand the membership of LegCo from 60 to 70 in 2012 was endorsed by the Council.

1998 Establishment of the First LegCo of the HKSAR Following Hong Kong’s return to China on 1 July 1997, the HKSAR was established. The Basic Law came into effect and it provides for the constitutional framework of LegCo of the HKSAR. In accordance with the Basic Law, the First LegCo of the HKSAR was established in 1998 and the first meeting was held on 2 July 1998. At the meeting, Mrs Rita FAN HSU Lai-tai was elected President of LegCo.

After Hong Kong’s return to China, the President’s chair and the Coat of Arms Following Hong Kong's return to of Hong Kong in the LegCo Chamber China, the Basic Law came into were replaced by a new chair and the Video showing Mrs Rita FAN HSU Lai-tai effect. emblem of the HKSAR. presiding over the first meeting of (Courtesy of the HKSAR Government) the First LegCo held on 2 July 1998.

1998 Method for the formation of LegCo in accordance with the Basic Law The method for the formation of LegCo is specified in Annex II to the Basic Law as follows:

First LegCo Second LegCo Third LegCo (1998-2000) (2000-2004) (2004-2008) Members returned by 30 30 30 functional constituencies Members returned by 10 6 - the Election Committee Members returned by 20 24 30 geographical constituencies

With regard to the method for forming LegCo after 2007, if there is a need to amend the provisions of Annex II to the Basic Law, such amendments must be made with the endorsement of a two-thirds majority of all the Members of the Council and the consent of the Chief Executive, and they shall be reported to the Standing Committee of the National People’s Congress ("NPCSC") for the record.

10 Legislative Council of 1998 the HKSAR and onwards

2005 2008 Vetoing of the constitutional Composition of the Fourth LegCo reform package As the constitutional reform package put forward in The Government put forward a 2005 was vetoed, the composition of the Fourth constitutional reform package proposing LegCo (2008-2012) remained unchanged. to expand the membership of LegCo from Fourth LegCo 60 to 70 in 2008 with five new seats each (2008-2012) to be returned by geographical Members returned by 30 constituencies through direct elections functional constituencies and by functional constituencies. The Members returned by 30 motion concerning the amendment to geographical constituencies the method for the formation of LegCo failed to obtain the endorsement of a two-thirds majority of all the Members of the Council on 21 December 2005.

Group photo of LegCo Members (2008-2012). (Courtesy of the HKSAR Government)

2010 Endorsement of the constitutional reform package In April 2010, a new constitutional reform package on the methods for selecting the Chief Executive and for forming LegCo in 2012 was presented to the Council. On 25 June 2010, the motion concerning the amendment to the method for the formation of LegCo and its voting procedures (Annex II to the Basic Law) was endorsed by a two-thirds majority of all The motion concerning the the Members of the Council. With the consent of the Chief amendment to the method for the formation of LegCo was endorsed by Executive, the amendment was reported to the NPCSC for LegCo in 2010. the record. (Courtesy of the HKSAR Government)

11 Legislative Council of 1998 the HKSAR and onwards

2011 2012 Relocation of LegCo to Composition of the Fifth LegCo the LegCo Complex The constitutional reform package put forward in 2010 LegCo was relocated to the LegCo was endorsed. The Fifth LegCo (2012-2016) was composed Complex in Admiralty in October of 70 Members, equally distributed between functional 2011. The Complex is the first constituencies (35) and geographical constituencies (35). purpose-built building for the Fifth LegCo Hong Kong Legislature, the (2012-2016) construction of which commenced Members returned by 35 in 2008 and was completed in 2011. functional constituencies Members returned by 35 geographical constituencies

Video showing the LegCo Complex.

Group photo of LegCo Members (2012-2016).

2014 Formulation of the Policy on Access to the Legislature's Documents and Records The Council passed a resolution on 19 March 2014 to amend the Rules of Procedure ("RoP") to set out the Council's Policy on Access to the Legislature's Documents and Records and to establish the Committee on Access to the Legislature's LegCo attaches great importance to the Documents and Records to oversee the implementation of the promotion of openness and public access to Policy. This Policy provides, among other things, that all closed information. documents and records will be available for public access 50 years after they have been in existence as long as the disclosure is not prohibited by the law. Access to any other documents or records may be made available at any time but must be made so available when they have been in existence for 20 years.

12 Legislative Council of 1998 the HKSAR and onwards

2015 2016 Vetoing of the electoral Interpretation of Article 104 of the reform package Basic Law on oath-taking In April 2015, the Government published Controversies arose from the oath-taking by the Consultation Report and Proposals Members at the first Council meeting of the Sixth on the Method for Selecting the Chief LegCo held on 12 October 2016. In November 2016, Executive by Universal Suffrage, the NPCSC made an interpretation of Article 104 of including the draft motion to be put to the Basic Law which provides that oath-taking is the Council. Among the main elements the legal prerequisite for Members to assume office, was a two-stage nominating process that and an oath-taker who intentionally reads out would accept five to 10 initial nominees, words which do not accord with the wording of the from which a 1 200-member Nominating oath prescribed by law, or takes the oath in a Committee would choose two or three manner which is not sincere or not solemn shall be candidates. All electors might then cast treated as declining to take the oath and is their votes on the shortlisted candidates. disqualified from assuming the public office. The motion concerning the amendment to the method for the selection of the Chief Executive failed to obtain the endorsement of a two-thirds majority of all the Members of the Council on 18 June 2015.

Oath-taking is the legal prerequisite for LegCo Members to assume office.

2017 Substantive amendments to the Rules of Procedure Since the Fourth LegCo, there have been calls for amendment to RoP to deal with filibusters. The Council passed on 15 December 2017 two resolutions to amend 50 Rules in RoP, including quorum of a committee of the whole Council, as well as the President's power to reconvene a Council meeting to complete the The Rules of Procedure provide detailed unfinished business on the agenda after the adjournment of the directions on how business is transacted Council because of a lack of a quorum. in LegCo and committee meetings.

13 Legislative Council of 1998 the HKSAR and onwards

2019 Intrusion into the LegCo Complex The Chief Executive announced on 15 June 2019 the suspension of the legislative amendment exercise on the controversial Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019. However, large-scale public demonstrations continued. On 1 July 2019, the LegCo Complex was intruded and vandalized by demonstrators, causing serious damage to the glass curtain walls of the Complex and various facilities.

2020 Term of office of the Sixth LegCo In view of the severe COVID-19 epidemic situation, the Government postponed the general election for the Seventh LegCo. To address the issue arising from the postponement of the election, the NPCSC made the decision to let the Sixth LegCo continue to discharge its duties for no less than one year until the Seventh LegCo begins.

Nov 2020

This set of materials is prepared for general information only. It is not legal or other professional advice and shall not be relied on as such. Whilst The Legislative Council Commission (the Commission) endeavours to make the materials accurate, the Commission and its employees do not warrant the Legislative Council Secretariat accuracy and completeness of the materials and disclaim all liabilities for loss or damage. This set of materials is subject to copyright owned by the Education Service Team Commission. The Commission permits accurate reproduction of this set of materials for non-commercial use in a manner not adversely affecting the Legislative Council provided that the source is acknowledged. www.legco.gov.hk