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Following is a question by the Hon James To Kun-sun and a reply by the Acting Secretary for Constitutional Affairs, Mr Clement Mak, in the Legislative Council today (May 3):
Question
Regarding the checks and balances and distribution of powers between the Executive Authorities and the Legislature, will the Government inform this Council:
(a) whether, in order to further implement the stipulation in Article 64 of the Basic Law that the Government must be accountable to the Legislative Council, the Chief Executive will consider attending more frequently meetings of the Legislative Council ("LegCo") to account for the work of the Government to LegCo Members;
(b) whether it will review and re-interpret Article 74 of the Basic Law to allow more room for Members of this Council to introduce Bills on matters concerning public interests; and
(c) of the measures it has for improving the checks and balances and distribution of powers between the Executive Authorities and the Legislature?
Reply
The Basic Law is the constitutional document of the HKSAR and provides us with a new constitutional framework. It will not be difficult for us to find that the structure is a very well-knit one, if we are to study the provisions regarding the relationship between the executive authorities and the legislature very carefully. Article 62 of the Basic Law empowers the executive authorities to formulate and implement policies; draw up and introduce budgets and final accounts; draft and introduce bills and motions, etc. Article 73 empowers the legislature to examine and approve budgets introduced by the government; approve taxation and public expenditure; enact, amend or repeal laws, etc. Article 64 of the Basic Law provides that the Government of the Hong Kong Special Administrative Region must abide by the law and be accountable to the Legislative Council of the Region: it shall implement laws passed by the Council and already in force; it shall present regular policy addresses to the Council; it shall answer questions raised by Members of the Council; and it shall obtain approval from the Council for taxation and public expenditure. The relevant provisions of the Basic Law provide for a clear division of powers and functions as well as checks and balances between the executive authorities and the legislature. Under this new constitutional framework, the HKSAR Government has all along endeavoured to seek further co-operation with LegCo within the framework of the Basic Law.
My substantive reply to the three parts of the question is as follows:
(a) The first part of the question concerns Article 64 of the Basic Law. In accordance with Article 64 of the Basic Law, the HKSAR Government must be accountable to LegCo, and the HKSAR Government is accountable to LegCo in many ways : in respect of implementation of laws, the HKSAR Government fully implements laws passed by the Council and already in force; in respect of policy addresses, the Chief Executive personally delivers his Policy Address in LegCo each year; in respect of taxation and public expenditure, the Financial Secretary presents an annual budget to seek the LegCo's approval; in respect of answering questions raised by Members of the Council, the Chief Secretary for Administration and policy secretaries frequently attend LegCo meetings and from time to time answer questions raised by Members of the Council.
At present the Chief Executive attends three LegCo meetings in each legislative session to answer questions raised by Members of the Council on the work of the Government, apart from delivering his annual Policy Address. The Chief Executive has no intention to alter the arrangement at this stage.
(b) The second part of the question concerns Article 74 of the Basic Law. As mentioned above, Article 62 of the Basic Law vests the executive authorities with executive powers to for
mulate Government policies and introduce bills for implementing the Government's policies, whereas Article 73 of the Basic Law provides that LegCo enjoys the legislative power to examine and pass bills introduced by the Government. The division of functions between the executive authorities and the legislature in this aspect is very clear and distinct. While Article 74 of the Basic Law allows LegCo members to introduce their own Members' bills, it has specified important provisions on the power of the legislature to introduce bills. Bills which do not relate to public expenditure or political structure or the operation of the government may be introduced individually or jointly by Members of the Council. The written consent of the Chief Executive shall be required before bills relating to government polices are introduced. Under the constitutional framework of the Basic Law regarding the division of functions between the executive authorities and the legislature, Article 74 of the Basic Law imposes very clear and important requirements on this aspect. Should LegCo Members enjoy the powers to introduce bills relating to areas mentioned above, and also the power to examine and pass them, it would be inconsistent with the division of powers and functions as well as coordination and checks and balances between the executive authorities and the legislature as provided under the Basic Law.
(c) The third part of the question concerns the checks and balances and distribution of powers between the executive authorities and the legislature. In the first paragraph of my reply, I have already expounded on the Basic Law provisions regarding the division of functions between the executive authorities and the legislature. I wish to point out that under the constitutional framework of the Basic Law, the executive authorities and the legislature play different roles and maintain effective cooperation in many ways. For example, we have submitted 169 bills and over 500 pieces of subsidiary legislation to LegCo for scrutiny up to the end of April 2000. With the support of Members, 113 bills and 537 pieces of subsidiary legislation have been enacted.
Given their different constitutional roles, it is only natural that the executive authorities and the legislature may hold different views on certain issues. We all along attach great importance to Members' views. To ensure that Members' views can be incorporated at an early stage, and to enable Members to participate in the process of policy formulation, we have made every possible effort to consult the relevant LegCo panels before we formally present our policy and legislative proposals to the Council. Since the commencement of the current term of LegCo, Government officials have attended over 400 panel meetings to brief Members on Government's policies and position on various matters and to listen to Members' views.
There are many channels through which the executive authorities and the legislature could enhance their communication. Up to now, Government officials have answered over 3000 oral, supplementary and written questions raised by Members. In addition to the Chief Executive attending special meetings of the LegCo to answer Members' questions, the Chief Secretary for Administration also meets frequently with the Chairman and Vice-chairman of the House Committee to discuss matters which are of concern to Members. Policy secretaries also take the initiative to maintain contacts and exchange views with Members through various formal and informal channels.
We are keenly aware of the importance of developing an effective working relationship between the executive authorities and the legislature. It is not only a matter for which we share our mutual constitutional obligations, but it is also a matter on which the SAR's overall interest is based. We will continue with our efforts to maintain our communication with LegCo, with a view to further cementing a close, constructive and effective working relationship between the executive authorities an
d the legislature.
Ends/Wednesday, May 3, 2000
Issued at HKT 15:42
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