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{{For|the current Legislative Council|6th Legislative Council of Hong Kong}}
{{refimprove|date=October 2011}}
{{Use dmy dates|date=September 2012}}
{{Infobox legislature
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The '''Legislative Council of the Hong Kong Special Administrative Region''' ({{zh-t|香港特別行政區立法會}}; '''LegCo''') is the [[Unicameralism|unicameral]] legislature of [[Hong Kong]], a special administrative region of the [[People's Republic of China]].
 
The legislature is a semi-democratically elected body comprising 70 members, 35 of which are directly elected through five [[geographical constituencies]] (GCs) under the [[proportional representation system]] with [[largest remainder method]] and [[Hare quota]], while the other 30 are indirectly elected through trade-based [[functional constituency (Hong Kong)|functional constituencies]] (FCs) with limited electorates. Under the [[2010 Hong Kong electoral reform|constitutional reform package]] passed in 2010, there are five [[District Council (Second)]] new functional constituencies nominated by the [[District Councils of Hong Kong|District Councillors]] and elected by territory-wide electorates.
 
The Legislative Council was first established in 1843 under the Charter of the Colony of Hong Kong as an advisory council to the [[Governor of Hong Kong|Governor]]. The powers and functions of the legislature expanded throughout the history.<ref name="Official History"/> Today the main functions of the Legislative Council are to enact, amend or repeal laws; examine and approve budgets, taxation and public expenditure; and raise questions on the work of the government. In addition, the Legislative Council is also given the power to endorse the appointment and removal of the judges of the [[Court of Final Appeal (Hong Kong)|Court of Final Appeal]] and the Chief Judge of the [[High Court of Hong Kong|High Court]], as well as the power to impeach the [[Chief Executive of Hong Kong]].<ref name="Official History"/>
 
Before the [[transfer of sovereignty of Hong Kong]] in 1996, a [[Provisional Legislative Council]] (PLC) was set up by the Government of the People's Republic of China as compared to the [[Hong Kong legislative election, 1995|1995 elected colonial legislature]]. The PLC ceased to exist and was replaced after the establishment of the Hong Kong Special Administrative Region on 1 July 1997.
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The Establishment of the Provisional Legislative Council|work=Legislative Council Commission}}</ref> The Provisional Legislative Council, in operation from 25 January 1997 to 30 June 1998, initially held its meetings in [[Shenzhen]] until 30 June 1997.
 
The Legislative Council of the HKSAR was established on 1 October 1998 under [[Hong Kong Basic Law|The Basic Law of the HKSAR]]. The first meeting of the Council was held in July of the same year in Hong Kong. Since the Basic Law came into effect, five Legislative Council elections have been held, with the most recent election being held on [[Hong Kong legislative election, 2016|4 September 2016]].
 
==The Legislative Council Building==
{{main article|Legislative Council Complex}}
The first meetings of the Legislative Council of Hong Kong, from 1844 to 1846, were likely convened in the residence of Governor Pottinger (later to be the French Mission Building), still standing at Government Hill. From 1848 to 1954 (interrupted by renovation in 1928-9 and the Japanese occupation in 1941-5), it was housed on the upper floor of the Colonial Secretariat Building, Lower Albert Road, replaced in 1957 by the Annex to the Central Government Offices Main Wing, on the same site.<ref name="Heritage Impact Assessment">{{cite web|title=Heritage Impact Assessment|work=LWK Conservation Ltd|url=http://www.amo.gov.hk/form/159meeting/AAB%2040%202011-12%20%28Annex%20C%29.pdf|accessdate=11 October 2014}}</ref> In 1985, LegCo moved down to the nearby [[Old Supreme Court Building, Hong Kong|Old Supreme Court building]] in [[Central and Western District|Central Hong Kong]] where it remained until November 2011. It took up residence in its present accommodation at the Legislative Block of the [[Central Government Complex, Tamar]] in December 2011.
 
Unlike many other former and current Commonwealth legislatures, the Hong Kong Legislative Council does not have a [[ceremonial mace]] placed in its chambers. However, the high courts of Hong Kong use a mace to open sessions, and it represents the authority and powers of the court.
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The Legislative Council consists of 70 elected members. The term of office of a member is four years, except for the first term (1998 to 2000) when it was set to be two years (Article 69 of The Basic Law).
 
In both the 2008 and 2004 elections, 30 members were directly elected by [[universal suffrage]] from geographical constituencies (GCs) and 30 were elected from functional constituencies (FCs). In the 2000 election, 24 were directly elected, six elected from an 800-member [[electoral college]] known as the [[Election Committee of Hong Kong]], and 30 elected from FCs. Since the 2004 election, all the seats are equally divided between geographical and functional constituencies.
 
According to The [[Basic Law]], while the method for forming the Legislative Council shall be specified in accordance with the principle of gradual and orderly progress, the ultimate aim is to elect all Council members by [[universal suffrage]] ([[Article 68 of the Basic Law of Hong Kong|Article 68 of The Basic Law of Hong Kong]]).
 
==Constituencies==
 
===Geographical constituencies===
The GC seats are returned by [[universal suffrage]]. The voting system adopted in the electoral districts is a system of [[party-list proportional representation]], with seats allocated by the [[largest remainder method]] using the [[Hare quota]] as the quota for election.
 
The party-list proportional representation system is the most widely used form of proportional representation systems to facilitate the formation of a representative legislature. There were 3.37 million registered electors in the 2008 election.
 
{| class="wikitable"
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{{Div col end}}
 
A [[First-past-the-post voting|simple plurality]] system is adopted for 23 FCs, with an eligible voter casting one vote only. The exceptions are the Labour FC, in which a voter may [[Plurality-at-large voting|cast up to three votes]],<ref>[http://www.legislation.gov.hk/blis_pdf.nsf/6799165D2FEE3FA94825755E0033E532/C8A3B2AECFB759D5482575EF0017A5D5/$FILE/CAP_542_e_b5.pdf Chap. 542, s. 51 of the Legislative Council Ordinance]: "an elector may vote for as many candidates as there are vacancies and no more"</ref> and the Heung Yee Kuk, Agriculture and Fisheries, Insurance, and Transport FCs where a [[Instant-runoff voting|preferential elimination system]] is used due to the small number of voters. In the preferential elimination system, a voter must indicate preferences rather than approval/disapproval or a single choice. District Council (Second) uses the same voting rule in Geographical constituencies for the 5 seats.
 
Until year 2012, both Heung Yee Kuk and Commercial (Second) FC are yet to have an actual election as being uncontested since their FC's establishment in 1991 and 1985 respectively.
 
==President of the Legislative Council==▼
{{main article|President of the Legislative Council of Hong Kong}}▼
From the establishment of the Legislative Council in 1843 to 1993, the Governor was the President and a member of the Council, and until 1917 the Governor was required to act with the advice but not necessary the consent of the Legislative Council. The Letters Patent of 1917 changed such practice by requiring the Governor to act "with advice and consent" of the Legislative Council.▼
 
Under The Basic Law (Article 72), the President has the powers and functions to preside over meetings, decide on the agenda, including giving priority to government bills for inclusion in the agenda, decide on the time of meetings, call special sessions during the recess, call emergency sessions on the request of the Chief Executive, and exercise other powers and functions as prescribed in the rules of procedure of the Legislative Council. However, the president of the legislative council may not vote in most situations regarding government bills, and is encouraged to remain impartial towards all matters in the LegCo. The President of the Legislative Council has to meet the eligibility requirements set out in The Basic Law that he or she shall be a Chinese citizen of not less than 40 years of age, who is a permanent resident of the HKSAR with no right of abode in any foreign country and has ordinarily resided in Hong Kong for a continuous period of not less than 20 years.<ref>{{cite web|title=President of the Legislative Council|url=http://www.legco.gov.hk/general/english/members/president.html|work=The Legislative Council Commission}}</ref>▼
 
The President is elected by and from among Council members. The first President (1997–2008) was Mrs [[Rita Fan]], who is also the first female President of the Legislative Council. The incumbent President is [[Andrew Leung]] of the [[Business and Professionals Alliance for Hong Kong]] since 2016.▼
 
== Elections of the Legislative Council ==
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{{Hong Kong legislative election, 2016}}
 
▲==President of the Legislative Council==
==Procedures for voting on bills and motions==▼
▲{{main article|President of the Legislative Council of Hong Kong}}
Traditionally, the President does not vote. However, this convention is not a constitutional requirement.<ref>Michael DeGolyer (24 July 2008). [http://www.thestandard.com.hk/news_detail.asp?pp_cat=15&art_id=69034&sid=19876711&con_type=3&d_str=20080724&sear_year=2008 "Legco dice loaded from the start"]. ''The Standard''.</ref>▼
▲From the establishment of the Legislative Council in 1843 to 1993, the Governor was the President and a member of the Council, and until 1917 the Governor was required to act with the advice but not necessary the consent of the Legislative Council. The Letters Patent of 1917 changed such practice by requiring the Governor to act "with advice and consent" of the Legislative Council.
 
▲Under The Basic Law (Article 72), the President has the powers and functions to preside over meetings, decide on the agenda, including giving priority to government bills for inclusion in the agenda, decide on the time of meetings, call special sessions during the recess, call emergency sessions on the request of the Chief Executive, and exercise other powers and functions as prescribed in the rules of procedure of the Legislative Council. However, the president of the legislative council may not vote in most situations regarding government bills, and is encouraged to remain impartial towards all matters in the LegCo. The President of the Legislative Council has to meet the eligibility requirements set out in The Basic Law that he or she shall be a Chinese citizen of not less than 40 years of age, who is a permanent resident of the HKSAR with no right of abode in any foreign country and has ordinarily resided in Hong Kong for a continuous period of not less than 20 years.<ref>{{cite web|title=President of the Legislative Council|url=http://www.legco.gov.hk/general/english/members/president.html|work=The Legislative Council Commission}}</ref>
Private members' bills and motions have to be passed by [[majorities]] of members returned from GCs (GCs and ECs until 2004) and members returned from FCs respectively. This arrangement, however, is not applicable to government bills, where only a [[Plurality (voting)|simple majority]] is required to secure passage.▼
 
▲The President is elected by and from among Council members. The first President (1997–2008) was Mrs [[Rita Fan]], who is also the first female President of the Legislative Council. The incumbent President is [[Andrew Leung]] of the [[Business and Professionals Alliance for Hong Kong]] since 2016.
Amendments to The Basic Law require a [[two-thirds vote]] in the Legislative Council, without a specific requirement in each group of constituencies. After passing the Council, the Basic Law amendment must obtain the consent of two-thirds of Hong Kong's deputies to the [[National People's Congress]], and also the Chief Executive (the Chief Executive is vested with the [[veto power]]).▼
 
==Seating arrangement==▼
In a typical Council meeting in the old Legislative chamber, members were seated to the left and front of the President's chair in the Chamber patterned after the adversarial layout of [[Westminster system]] legislatures. The three rows to the right were reserved for government officials and other people attending the meetings.▼
 
At the new LegCo site at Tamar, members sit facing the President (and council officers) in an [[hemicycle]] seating arrangement.▼
 
==Officers of the Legislative Council==
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Services to members were originally provided by the Office of the Clerk to the Legislative Council which was part of the Government Secretariat. Additional support later came from other administrative units, i.e. the Unofficial Members of the Executive and Legislative Councils (UMELCO) Secretariat and its variants, in consideration of the gradually rising volume of work in Council business.
 
With the establishment of UMELCO in 1963, public officers were seconded to UMELCO to assist members to deal with public complaints and build up public relations with the local community. During their secondments, public officers took instructions only from Council members. The practice remained when the [[The Office of the Unofficial Members of the Executive and Legislative Councils|Office of the Members of the Executive and Legislative Councils]] (OMELCO) replaced UMELCO in 1986.
 
In 1991, the OMELCO Secretariat was incorporated. As a result of the complete separation of membership of the Executive and Legislative Councils, OMELCO was renamed the Office of Members of Legislative Council (OMLEGCO).
 
The Legislative Council Commission, a statutory body independent of the Government, was established under The Legislative Council Commission Ordinance on 1 April 1994. The Commission integrated the administrative support and services to the Council by the Office of the Clerk to the Legislative Council and the OMLEGCO Secretariat into an independent Legislative Council Secretariat. The Commission replaced all civil servants by contract staff in the 1994–1995 session.
 
▲==Procedures for voting on bills and motions==
At present, the Secretariat, headed by the Secretary General, provides administrative support and services to the Council through its ten divisions. In addition to being the chief executive of the Secretariat, the Secretary General is also the Clerk to the Legislative Council responsible for advising the President on all matters relating to the procedure of the Council.▼
▲Traditionally, the President does not vote. However, this convention is not a constitutional requirement.<ref>Michael DeGolyer (24 July 2008). [http://www.thestandard.com.hk/news_detail.asp?pp_cat=15&art_id=69034&sid=19876711&con_type=3&d_str=20080724&sear_year=2008 "Legco dice loaded from the start"]. ''The Standard''.</ref>
▲Private members' bills and motions have to be passed by [[majorities]] of members returned from GCs (GCs and ECs until 2004) and members returned from FCs respectively. This arrangement, however, is not applicable to government bills, where only a [[Plurality (voting)|simple majority]] is required to secure passage.
▲Amendments to The Basic Law require a [[two-thirds vote]] in the Legislative Council, without a specific requirement in each group of constituencies. After passing the Council, the Basic Law amendment must obtain the consent of two-thirds of Hong Kong's deputies to the [[National People's Congress]], and also the Chief Executive (the Chief Executive is vested with the [[veto power]]).
▲==Seating arrangement==
▲In a typical Council meeting in the old Legislative chamber, members were seated to the left and front of the President's chair in the Chamber patterned after the adversarial layout of [[Westminster system]] legislatures. The three rows to the right were reserved for government officials and other people attending the meetings.
▲At the new LegCo site at Tamar, members sit facing the President (and council officers) in an [[hemicycle]] seating arrangement.
▲At present, the Secretariat, headed by the Secretary General, provides administrative support and services to the Council through its ten divisions. In addition to being the chief executive of the Secretariat, the Secretary General is also the Clerk to the Legislative Council responsible for advising the President on all matters relating to the procedure of the Council.
 
==List of Legislative Council compositions==
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==See also==
{{portal|Hong Kong}}
* [[Provisional Legislative Council]]
* [[Politics of Hong Kong]]▼
* [[Executive Council of Hong Kong]]
* [[Senior Unofficial Member]]▼
* [[Senior Chinese Unofficial Member]]▼
* [[List of Members of the Legislative Council of Hong Kong]]
▲* [[Politics of Hong Kong]]
* [[Commonwealth of Nations#Termination|Commonwealth Association of Legislative Counsel]]
▲* [[Senior Chinese Unofficial Member]]
▲* [[Senior Unofficial Member]]
 
==References==
{{reflist}}
 
==External links==
{{Contains Chinese text}}▼
*[http://www.legco.gov.hk Legislative Council of Hong Kong]
*[http://www.eac.gov.hk Electoral Affairs Commission]
▲{{Contains Chinese text}}
{{HKLegco}}
{{Asia topic|Parliament of}}
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