The Legislative Council (LegCo) of the Hong Kong Special Administrative Region is the law-making body under the principle of "one country, two systems." Its law-making process is a structured procedure that ensures proposed legislation is scrutinised, debated, and enacted in accordance with the Basic Law. This article explains the step-by-step process, from bill initiation to gazettal, and highlights the roles of key actors such as the Chief Executive, the Executive Council, and LegCo committees.
1. Initiation of Legislation
Bills can be introduced by the government (government bills) or by individual LegCo members (private members' bills). However, the Basic Law imposes restrictions: private members' bills cannot involve public expenditure, political structure, or the operation of the government without the written consent of the Chief Executive. In practice, the vast majority of bills are government bills. For example, in the 2020-2021 legislative session, 22 of 24 bills passed were government bills.
Before a government bill is drafted, the relevant policy bureau prepares a policy paper, which is submitted to the Executive Council for approval. Once approved, the bill is drafted by the Law Draftsman in the Department of Justice.
2. First Reading and Publication
The bill is tabled at a LegCo sitting for its first reading, which is a formal introduction. The Clerk to LegCo reads the bill's title, and no debate takes place. The bill is then published in the Gazette and becomes publicly available. A notice of the bill's introduction is also published in the Government Gazette.
3. Second Reading: Debate and Committee Stage
The second reading is the main stage of scrutiny. It begins with a motion by a government official (usually the Secretary for the relevant bureau) to move the bill's second reading. Members then debate the general merits of the bill. After the debate, the bill is either referred to a Bills Committee or to the House Committee for detailed examination.
3.1 Bills Committee
For most government bills, a Bills Committee is formed. It consists of LegCo members who examine the bill clause by clause. The committee invites submissions from the public, holds hearings, and may propose amendments. The government may also propose amendments at this stage. The Bills Committee reports back to the full Council with its findings and recommended amendments. For more on this process, see Understanding Bills Committees in Hong Kong's Legislative Process.
3.2 House Committee
For less contentious bills, the House Committee may handle the committee stage. It performs a similar function but with fewer meetings.
4. Committee Stage of the Whole Council
After the Bills Committee reports, the bill returns to the full Council for the committee stage. The Council sits as a committee (the Committee of the Whole Council) to consider each clause and any proposed amendments. Members debate amendments, and votes are taken. The government can also introduce amendments at this stage. Once all clauses are agreed to, the bill is reported back to the Council.
5. Third Reading and Passage
The third reading is a formal stage where the bill as amended is read a third time. A motion for the bill's passage is moved. Debate is limited to the bill's general principles. A vote is taken. For a bill to pass, it requires a simple majority of members present, unless the Basic Law specifies a higher threshold (e.g., for bills to amend the Basic Law or for certain electoral changes).
Once passed, the bill is presented to the Chief Executive for assent. The Chief Executive must sign the bill within 30 days, or return it to LegCo for reconsideration if he or she objects. If the Chief Executive returns a bill, LegCo can override the veto with a two-thirds majority. If the Chief Executive refuses to sign a second time, the LegCo may be dissolved under Article 52 of the Basic Law.
6. Gazettal and Commencement
After the Chief Executive signs, the bill becomes an ordinance. It is published in the Gazette and usually comes into effect on a date specified in the ordinance or on the date of publication. For example, the Protection of the Harbour Ordinance (Cap. 531) came into effect on 1 July 1997.
7. Role of the Basic Law and Interpretation
The entire process is governed by the Basic Law, which is the constitutional document of Hong Kong. The Basic Law sets out the legislative powers of LegCo, the limits on private members' bills, and the relationship between the executive and legislature. In cases of ambiguity, the Standing Committee of the National People's Congress may interpret the Basic Law, as happened with the interpretation of Article 22 and Article 24 in 1999 regarding the right of abode issue. For more on this, see Interpretation and Amendment of the Basic Law.
8. Recent Reforms and Procedures
In 2021, the electoral system was reformed, reducing the number of directly elected seats and increasing the proportion of functional constituency and Election Committee seats. The composition of LegCo is now 90 members: 20 from geographical constituencies, 30 from functional constituencies, and 40 from the Election Committee. For more details, see LegCo Composition and Elections.
The law-making process remains largely unchanged, but the political dynamics have shifted. The government now enjoys a supermajority of pro-establishment members, which has streamlined the passage of controversial bills, such as the national security legislation under Article 23 of the Basic Law.
9. Conclusion
The LegCo law-making process is a multi-stage procedure designed to ensure thorough scrutiny. From initiation by the executive or members, through committee examination, to final passage and gazettal, each step involves checks and balances. Understanding this process is essential for anyone interested in Hong Kong's governance. For a broader overview of the political system, see The Complete Guide to Hong Kong's Political System.
Related Articles
- What is the Basic Law?
- Role of the Chief Executive
- Executive Council Composition
- LegCo Composition and Elections
- Interpretation and Amendment of the Basic Law