SOSC005 Topic 10 Government and Politics Dr. MA Ngok

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SOSC005 Topic 10 Government and PoliticsDr. MA
Ngok

• Lecture 1
• The Executive Dominant System
• (????)

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(A) Executive-Dominance ????

• Executive-dominance as a concept
• The logic of colonial political system
• SAR CE inherits most of the powers of colonial
  Governor
• Many policies do not have to pass Legco, except
  those that require legislation or appropriation

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(A) Executive-Dominant System

• Govt controls bill initiation. Govt proposals
  have priority in Legco agenda
• Legco is relatively weak. It can only
• control the govt. and govt. finance.
• Influence govt. policy by passing, vetoing or
  amending legislation.
• Relatively powerless to force the govt to adopt
  new policy or change policy.

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(B) CE Power

• Elected by a 800-member Election Committee
  (?????), appointed by the Central Government
• Wide range of appointment powers, including
  officials, judges and committees
• Exco (????) assists the CE in policy-making. But
  CE can ignore majority opinion of the Exco, but
  has to record the reasons.

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(B) SAR Chief Executive (CE)

• All bills passed by Legco need CEs signature to
  become law, meaning CE can veto legislations
  passed by Legco (with restrictions)
• Leader of govt, represent HK intlly,
• Can pardon criminals or reduce sentences,
  determine if a witness appear before the Legco
  hearing, etc.

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New Constraints

• CE must resign if seriously ill or unable to
  fulfill the duties due to other reasons
• Can be impeached (??) by Legco if s-he violates
  the law or abuses the office, but only Central
  Govt can replace the CE

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Veto power with constraints

• If CE thinks a bill passed by Legco is
  incompatible with overall interests of SAR, he
  can send it back to Legco within 3 months for
  reconsideration.
• If Legco passes the bill again with a 2/3
  majority, the CE must either sign the bill or
  dissolve the Legco.
• If the newly-elected Legco still passes the bill
  by a 2/3 majority, the CE must sign the bill or
  resign.

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Veto power with constraints

•  
• If the budget or other important bills fail to
  pass the Legco, CE can dissolve Legco. If the
  re-elected Legco still refuses to pass the budget
  or the bill, CE must resign.
• The CE can only dissolve the Legco once during
  his/her term.

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LegCo Powers and Functions

• (1)  Passing of Ordinances
• (2) Financial Control
• (3) Controlling the Government

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The Composition

• Only government officials before 1850
• Unofficials were mostly representatives from big
  businesses and professionals.
• Unofficials became the majority after 1966. They
  were supposed to reflect public opinion to the
  govt.
• Election by FC EC introduced in 1985.
• Election by universal suffrage introduced in 1991.

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Legco Composition, 1843-2004
Year Official Unofficial /Appointed Elected Elected Elected Total
Year Official Unofficial /Appointed EC FC Direct Elected Total
1843 4 0 0 0 0 4
1850 4 2 0 0 0 6
1896 8 6 0 0 0 14
1966 13 13 0 0 0 26
1983 29 29 0 0 0 58
1984 29 32 0 0 0 61
1985 11 22 12 12 0 57
1988 11 22 12 14 0 59
1991 3 17 0 21 18 59
1995 0 0 10 30 20 60
1998 0 0 10 30 20 60
2000 0 0 6 30 24 60
2004 0 0 0 30 30 60
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(1)Passing of Ordinances

• Govt. controls initiation of bills.
• The process of legislation largely follows that
  in British House of Commons.
• Legco may form Bill Committees (?????) to
  scrutinize bills in detail.
• The govt. and Legco members can move amendments
  to the bill in the committee stage.
• The passed bill will be sent to CE for signature
  into law.

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(2) Financial Control

• Power of the Purse stronger under the colonial
  system
• Budget
• Annual budget must be passed by Legco.
• Legco will first vote on the expenditure part
  (Appropriations Bill) (??????).
• Legco members can move amendments to the Bill,
  but amendments can only cut expenses but not
  increase expenses.

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(2) Financial Control

• Two weeks of Finance Committee meetings to
  scrutinize the budget
• The vote on Revenue Bill gives members the chance
  to veto fee-hikes and tax increases.
• Amendments to Revenue Bill can only reduce
  revenue but not increase revenue.

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The Committees

• Appropriations (??) must be approved by the
  Finance Committee.
• FC cannot vote to increase expenditure, but can
  only reject, approve or reduce it. It only
  discusses expenditure, but not revenue.
• Public Accounts Committee (???????) will study
  the Director of Audits (????) report on how
  govt. depts are spending money, and make
  suggestions.

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Controlling the Government

• Various means of expressing their opinion, but
  most are not legally binding on govt., i.e.
  cannot force govt to do sth that it doesnt
  like.
• Means include Motion debate (????), Questions
  (??), and the Panels (?????)

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(3)  Controlling the Government

• Private Members' bills (??????) allow members to
  put forward alternative policies. Members can
  draft their own bills. If the bill is passed,
  the govt. must obey. Private members' bills must
  not entail government expenses.
• Under Power and Privileges Ordinance, the Legco
  can conduct investigations and demand govt
  officials to appear in a hearing to explain about
  public affairs.

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Constraints after 97

• Article 74 Legco members can raise private
  members bills (??????), if it is not related to
  
• (a) public expenditure
• (b) the political structure
• (c) the operation of the government.
• If the private members bill is related to public
  policy, it must get CEs written approval.

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Disqualification

• A Legco member can lose the seat(Art. 79)
• (a) Failure to discharge duties due to serious
  illness or other reasons
• (b) Absent for 3 consecutive months without valid
  reason and consent of Legco President
• (c) Loses his/her status as HK permanent
  resident
• (d) Becomes a civil servant

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Disqualification

• (e) Becomes bankrupt
• (f)  Convicted for a criminal offence and
  sentenced to jail for 1 month or more, in or
  outside HK, and passed by 2/3 of the Legco to
  dismiss him/her
• (g) Censured by 2/3 majority of the Legco for
  misbehavior or breach of oath (????)

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Voting by groups (????)

• Govt. bills only need the support of more than
  half of Legco members present
• Bills, motions and amendments moved by Legco
  members must be passed by more than half of both
  groups.
• A small group of about 15 councilors can veto a
  private proposal. It is possible that the
  majority support a motion, but it is defeated.

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