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SOSC005 Topic 10 Government and Politics Dr. MA Ngok

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SOSC005 Topic 10 Government and Politics Dr. MA Ngok Lecture 1 The Executive Dominant System ( ) – PowerPoint PPT presentation

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Title: SOSC005 Topic 10 Government and Politics Dr. MA Ngok


1
SOSC005 Topic 10 Government and PoliticsDr. MA
Ngok
  • Lecture 1
  • The Executive Dominant System
  • (????)

2
(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

3
(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.

4
(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.

5
(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.

6
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

7
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.

8
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.

9
LegCo Powers and Functions
  • (1)  Passing of Ordinances
  • (2) Financial Control
  • (3) Controlling the Government

10
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.

11
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
12
(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.

13
(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.

14
(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.

15
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.

16
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 (?????)

17
(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.

18
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.

19
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

20
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 (????)

21
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.

22
????????
???? ?? ?? ?? ??
???? 14 15 1 ??
????? 25 2 3 ??
?? 39 17 4 ??

???? ?? ?? ?? ??
???? 15 0 15 ??
????? 30 0 0 ??
?? 45 0 15 ??
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