1、SOSC005 Topic 10 Government and PoliticsDr. MA NgokLecture 1 The Executive Dominant System(行政主導(dǎo))(A) Executive-Dominance 行政主導(dǎo)“Executive-dominance” as a concept The logic of colonial political systemSAR CE inherits most of the powers of colonial GovernorMany policies do not have to pass Legco, except

2、those that require legislation or appropriationGovt 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 g

3、ovt to adopt new policy or change policy. (A) Executive-Dominant System(B) CE PowerElected by a 800-member Election Committee (選舉委員會), appointed by the Central GovernmentWide range of appointment powers, including officials, judges and committees Exco (行政會議) assists the CE in policy-making. But CE c

4、an ignore majority opinion of the Exco, but has to record the reasons. (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 sent

5、ences, determine if a witness appear before the Legco hearing, etc. New Constraints CE must resign if seriously ill or unable to fulfill the duties due to other reasons; Can be impeached (彈劾) by Legco if s-he violates the law or abuses the office, but only Central Govt can replace the CE; Veto power

6、 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 Legc

7、o still passes the bill by a 2/3 majority, the CE must sign the bill or resign. 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 h

8、is/her term.Veto power with constraints LegCo: Powers and Functions (1) Passing of Ordinances (2) Financial Control (3) Controlling the Government The Composition Only government officials before 1850Unofficials were mostly representatives from big businesses and professionals. Unofficials became th

9、e 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.Legco Composition, 1843-2004YearOfficialUnofficial/Appointed ElectedTotalECFCDirect Elected 1843400004185042000618968600014196613

10、13000261983292900058198429320006119851122121205719881122121405919913170211859199500103020601998001030206020000063024602004000303060(1)Passing of OrdinancesGovt. controls initiation of bills. The process of legislation largely follows that in British House of Commons.Legco may form Bill Committees (法

11、案委員會) 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. (2) Financial Control Power of the Purse stronger under the colonial systemBudget Annual budget must be passed by Legco.

12、Legco will first vote on the expenditure part (Appropriations Bill) (撥款條例草案).Legco members can move amendments to the Bill, but amendments can only cut expenses but not increase expenses. Two weeks of Finance Committee meetings to scrutinize the budget The vote on Revenue Bill gives members the chan

13、ce to veto fee-hikes and tax increases.Amendments to Revenue Bill can only reduce revenue but not increase revenue.(2) Financial Control The CommitteesAppropriations (撥款) must be approved by the Finance Committee. FC cannot vote to increase expenditure, but can only reject, approve or reduce it. It

14、only discusses expenditure, but not revenue. Public Accounts Committee (政府帳目委員會) will study the Director of Audits (審計署長) report on how govt. depts are spending money, and make suggestions.Controlling the Government Various means of expressing their opinion, but most are not legally binding on govt.

15、, i.e. cannot force govt to do sth that it doesnt like. Means include: Motion debate (動議辯論), Questions (質(zhì)詢), and the Panels (事務(wù)委員會)Private Members bills (私人條例草案) allow members to put forward alternative policies. Members can draft their own bills. If the bill is passed, the govt. must obey. Private

16、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.(3) Controlling the Government Constraints after 97 Article 74: Legco members can raise priva

17、te members bills (議員條例草案), 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. DisqualificationA Legco member can lose the seat:(Art. 79)(a)Failur

18、e 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; (e)Becomes bankrupt; (f) Convicted for a criminal offence and sentenced to jail for 1 month or more, in or outside HK,