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Historical Development of the Legislature 1843-1845 Founding of Legislative Council the Legislative Council Was Established in 1843

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Historical Development of the Legislature 1843-1845 Founding of Legislative Council the Legislative Council Was Established in 1843 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 Hong Kong 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 Urban Council (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.
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