C O N T E N T S PRESIDENT’S FOREWORD GROUP PHOTO OF MEMBERS MAJOR EVENTS IN PICTURES CHAPTER 1 The Legislative Council Functions of the Legislative Council Composition of the Legislative Council CHAPTER 2 Legislative Council Meetings Tabling of Subsidiary Legislation and Other Papers Questions Statements Bills Motions and Debates Policy Address Debate Budget Debate Chief Executive’s Question and Answer Sessions CHAPTER 3 Committees Finance Committee Public Accounts Committee Committee on Members’ Interests House Committee - Subcommittees of the House Committee Committee on Rules of Procedures Bills Committees and Subcommittees on Subsidiary Legislation Panels Select Committee 1 CHAPTER 4 Redress System Analysis of Significant Cases Dealt With Other Significant Cases CHAPTER 5 Liaison Lunch with Consul General Contact with Municipal Councils and District Boards Overseas Visits by Members Visitors CHAPTER 6 Support Services for Members The Legislative Council Commission The Legislative Council Secretariat 2 A P P E N D I C E S APPENDIX 1 Composition of the Legislative Council APPENDIX 2 Members’ Biographies APPENDIX 3 Bills Passed APPENDIX 4 Motion Debates Held APPENDIX 5 Membership of Committees, Panels, Bills Committees and Subcommittees APPENDIX 6 Redress Information System: Nature and Outcome of Cases Completed between 1 July 1998 and 30 September 1999 APPENDIX 7 Redress Information System: Annual Statistical Report between 1 July 1998 and 30 September 1999 APPENDIX 8 Visitors APPENDIX 9 Membership of The Legislative Council Commission and its Committees APPENDIX 10 Organization of the Legislative Council Secretariat 3 P R E S I D E N T ’ S F O R E W O R D The 1998 - 99 legislative session was a momentous one. The election of the first Legislative Council of the Hong Kong Special Administrative Region (HKSAR) on 24 May 1998 marked a new chapter in the political history of Hong Kong. At our first meeting on 2 July 1998, I was honoured to be elected by Members to preside over the first Legislative Council of the HKSAR. At the same meeting, the Council passed the Rules of Procedure, on which we based the conduct of our business. The term of office of Members of the first Legislative Council is two years. During the session, the Council held 45 meetings and sat for more than 362 hours. The longest single Council meeting in the history of the Hong Kong legislature commenced on 10 March 1999 and lasted for more than 24 hours. At this meeting, the District Councils Bill was intensively debated for nearly 18 hours and eventually passed. During the year, Members devoted considerable effort to scrutinize bills. A total number of 123 bills were introduced into the Council, of which 66 were enacted during the session and 57 would be carried forward to the next session. In addition, 322 pieces of subsidiary legislation were tabled in Council, of which four were amended, two were repealed, and 25 carried forward to the next session for scrutiny. Among the bills passed in this session, the ones that attracted the most public comments were the District Councils Bill and the Legislative Council (Amendment) Bill 1999, which 4 provided for the arrangements of the two elections in 1999 and 2000 respectively. These two bills were crucial in mapping out new parameters for the future political structure of Hong Kong. Apart from dealing with the day-to-day Council business, I also went on my first official visit to Russia and Britain from 14 to 25 February 1999, at the invitation of the Speaker of the State Duma of Russia and the British Government. It was a very useful experience and offered me an opportunity to understand further the parliamentary procedures and the government structure of the two countries. During the session, I made a number of rulings on Members’ bills and motions, and Members’ amendments to Government bills and motions. This is probably one of the most demanding tasks of the Presidency. I exercise this duty with great care, without fear or favour, as such rulings may be used as precedents and references for future rulings. The 1999 - 2000 session will be the last one in the term of the first Legislative Council of the HKSAR. The Government is expected to introduce a large number of bills into the Council for scrutiny. As the schedule will be very tight, Members will be confronted with a heavy legislative agenda in the year ahead. I am confident that we shall continue to fulfill our responsibility, serve the community, and contribute towards building a better Hong Kong. 5 C H A P T E R 1 THE LEGISLATIVE COUNCIL The Basic Law of the Hong Kong Special Administrative Region (HKSAR) stipulates that the HKSAR shall be vested with legislative power and the Legislative Council (LegCo) shall be the legislature of the Region. FUNCTIONS OF THE LEGISLATION COUNCIL As provided for in Article 73 of the Basic Law, the LegCo of the HKSAR exercises the following powers and functions: 1. To enact, amend or repeal laws in accordance with the provisions of the Basic Law and legal procedures; 2. To examine and approve budgets introduced by the Government; 3. To approve taxation and public expenditure; 4. To receive and debate the policy addresses of the Chief Executive; 5. To raise questions on the work of the Government; 6. To debate any issue concerning public interests; 7. To endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court; 8. To receive and handle complaints from Hong Kong residents; 9. If a motion initiated jointly by one-fourth of all the Members of the LegCo charges the Chief Executive with serious breach of law or dereliction of duty and if he or she refuses to resign, the Council may, after passing a motion for investigation, give a mandate to the Chief Justice of the Court of Final Appeal to form and chair an independent investigation 6 committee. The committee shall be responsible for carrying out the investigation and reporting its findings to the Council. If the committee considers the evidence sufficient to substantiate such charges, the Council may pass a motion of impeachment by a two-thirds majority of all its Members and report it to the Central People’s Government for decision; and 10. To summon, as required when exercising the above-mentioned powers and functions, persons concerned to testify or give evidence. COMPOSITION OF THE LEGISLATION COUNCIL According to the Basic Law, the LegCo of the HKSAR is to be constituted by election and shall be composed of Chinese citizens who are permanent residents of Hong Kong with no right of abode in any foreign country. However, permanent residents of the Region who are not of Chinese nationality or who have the right of abode in foreign countries may also be elected Members of the LegCo of the Region, provided that the proportion of such Members does not exceed 20 percent of the total membership of the Council. The method for its formation is to be specified in the light of the actual situation in the HKSAR and in accordance with the principle of gradual and orderly progress. In accordance with the Basic Law and the Legislative Council Ordinance, the term of office of the first LegCo of the HKSAR is two years. The term of office of subsequent LegCos will be four years. There are 60 Members in the LegCo, comprising 20 Members returned by geographical constituencies through direct election, 30 Members returned by functional constituencies, which 7 represent different sectors of the community, and 10 Members elected by an Election Committee comprising 800 elected representatives of the community. The President of the Council is elected by and from among Members of the LegCo. The composition of the LegCo is in Appendix 1 and the Members' biographies are in Appendix 2. The elections of the first LegCo of the HKSAR were held on 24 May 1998. The Council's term of office commenced on 1 July 1998. The first meeting was held on 2 July 1998 with Hon Mrs Rita FAN elected as President. 8 C H A P T E R 2 LEGISLATIVE COUNCIL MEETINGS LegCo meetings are open to the public and may be conducted in either Cantonese, Putonghua or English, with simultaneous interpretation provided. The proceedings of the meetings of the Council are broadcast live and are well reported by the mass media and are also recorded verbatim in the Official Record of Proceedings of the Meetings of the LegCo. The business transacted at a regular Council meeting mainly comprises the tabling of subsidiary legislation and other papers and reports; asking of questions for reply by the Government; the consideration of bills; and debates on motions. During the period from July 1998 to July 1999, the Council held 45 meetings and sat for more than 362 hours. TABLING OF SUBSIDIARY LEGISLATION AND OTHER PAPERS Subsidiary legislation made by relevant authorities is tabled in the Council for Members' scrutiny after publication of the subsidiary legislation in the Gazette. Members and public officers may address the Council on the subsidiary legislation tabled and may, through the moving of motions in Council within a prescribed time limit, resolve to amend or repeal it where the Council considers appropriate. Other papers tabled in the Council include the annual reports of public bodies and Government consultative documents, and reports of the Council's committees. The Members and public officers presenting the reports may address the Council. During the period from July 1998 to July 1999, 322 pieces of subsidiary legislation were tabled in Council, of which four were amended, two were repealed, and 25 carried forward to the next 9 session for scrutiny.