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Following is a question by the Hon Wong Yuk-man and a reply by the Chief Secretary for Administration, Mrs Carrie Lam, in the Legislative Council today (November 7):
Question:
Some members of the public have reflected to me that a Member of the Executive Council (ExCo) frequently publishes articles in newspaper columns criticising the democratic camp and the opposition camp, and he has even made remarks targeting at members of Scholarism at a public forum earlier on; moreover, while the Chief Executive (CE) was the Convenor of ExCo in the Government of the last term, he made remarks from time to time which were in contradiction to the stance of the Government. In this regard, will the Government inform this Council:
(a) whether the ExCo Member's aforesaid articles and remarks reflect the Government's stance and attitude towards individual community groups; if not, why CE and the Chief Secretary for Administration have not made clarification promptly to address public concerns;
(b) apart from the rule of confidentiality, whether ExCo has formulated any guidelines or rules to regulate the public remarks made by ExCo Members, and whether CE or the Convenor of ExCo will openly admonish ExCo Members who have breached such guidelines or rules; if such guidelines or rules have not been formulated, of the reasons for that, and
(c) given that the media have pointed out that the status of ExCo has been undermined and weakened, whether the Government will consider abolishing or restructuring ExCo, with a view to economising on administrative resources and enhancing efficiency in policy implementation?
Reply:
President,
First of all, I would like to point out that matters relating to the Executive Council (ExCo) are under the responsibilities of the Chief Executive's Office and the ExCo Secretariat under it. I am also an ExCo Member myself. I would like to respond to Hon Wong Yuk-man's question on behalf of the Chief Executive's Office as follows:
(a) Under Articles 54 and 56 of the Basic Law, ExCo is an organ for assisting the Chief Executive (CE) in policy-making. Except for the appointment, removal and disciplining of officials and the adoption of measures in emergencies, CE shall consult ExCo before making important policy decisions, introducing bills to the Legislative Council, or making subsidiary legislation. As CE's think-tank and advisers, ExCo Members shall comply with the principles of confidentiality and collective responsibility. For issues submitted to ExCo for discussion and decision, ExCo Members have the obligation to maintain the confidentiality of ExCo agenda and deliberation, and to be collectively responsible for and uphold its decisions.
As competent and well-experienced individuals committed to serving Hong Kong, ExCo Members hold various other positions and shoulder many responsibilities in the community. Provided that the ExCo principles of confidentiality and collective responsibility are observed, ExCo Members have the right to express their personal opinions like other members of the public.
(b) As explained above, so long as the ExCo principles of confidentiality and collective responsibility are observed, ExCo Members have the right to express their personal opinions like other members of the public. If any individual Member contravenes the principles of ExCo discussions, CE will decide how the case should be handled. CE may, depending on the circumstances, take appropriate actions including issuing an advice, a warning, public reprimand, removing the Member from office, or taking legal actions.
(c) ExCo is the highest-level organ for assisting CE in policy-making as specified in the Basic Law. Its role, composition, powers and responsibilities are clearly stipulated in the Basic Law. It has a constitutional status and has been performing its functions since the reunification. Article 55 of the Basic Law stipulates that CE shall appoint ExCo Members from among the principal officials, Legislative Council members and public figures. The Government will not change the role, composition, powers and responsibilities of ExCo.
Ends/Wednesday, November 7, 2012
Issued at HKT 14:45
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