Hong Kong Legislative Bills: Can They Be Cancelled?

The Chief Executive of the Hong Kong Special Administrative Region has the power to dissolve the Legislative Council if a bill is not compatible with the overall interests of the Region. The Chief Executive must resign if the new Legislative Council passes the original bill by a two-thirds majority but the Executive still refuses to sign it. The Legislative Council can be reconstituted by election within three months of being dissolved. The Hong Kong Bill of Rights ensures freedom of speech, but China may find ways to override this in legislation. Hong Kong's Legislative Council has passed bills that restrict freedom of speech and assembly, such as the 2024 Safeguarding National Security Ordinance, which punishes peaceful speech and civil society activism with heavy prison sentences.

The Chief Executive's role in cancelling a bill

The Chief Executive of the Hong Kong Special Administrative Region plays a significant role in the legislative process and has the authority to influence or cancel a bill. Here is a detailed overview of their role:

The Chief Executive is responsible for presiding over the Executive Council and making important policy decisions. While the Chief Executive should consult the Executive Council before introducing bills to the Legislative Council, they are not obligated to accept the Council's majority opinion. If the Chief Executive disagrees with the majority, they must record their specific reasons.

Regarding the cancellation of a bill, the Chief Executive has the power to veto a bill passed by the Legislative Council if they consider it incompatible with the overall interests of the Region. The Chief Executive can return the bill to the Legislative Council within three months for reconsideration. If the Legislative Council passes the original bill again with a two-thirds majority, the Chief Executive must either sign and promulgate it within one month or choose not to sign it.

If the Chief Executive refuses to sign a bill passed by the Legislative Council for the second time, it can lead to a dissolution of the Legislative Council. However, if a new Legislative Council is formed and it again passes the original bill with a two-thirds majority, but the Chief Executive still refuses to sign it, then the Chief Executive must resign.

The Chief Executive also has the authority to formulate implementation details of the National Security Law (NSL) without scrutiny by the Legislative Council. This power allows the Chief Executive to restrict overseas lawyers from participating in NSL cases, undermining the independence of Hong Kong's judiciary.

Additionally, the Chief Executive's role in the legislative process has been influenced by electoral changes. In 2021, the number of seats filled by direct election in the Legislative Council was reduced, and all candidates required approval from the Beijing-dominated Hong Kong Election Committee. This has resulted in the Legislative Council becoming less responsive to public input, particularly from marginalised and underrepresented groups.

Legislative Council's power to pass a bill

The Legislative Council of the Hong Kong Special Administrative Region has the power to enact, amend, or repeal laws through the examination of legislative proposals, including bills and subsidiary legislation. The Council's law-making function is subject to compliance with the Basic Law and its Rules of Procedure.

The process of passing a bill typically involves three readings. During the First Reading, the Clerk reads the short title of the bill at a Council meeting. The Second Reading involves a government official or Member introducing the bill, explaining its purpose, and moving the motion for a second reading. After the motion is passed, the bill undergoes examination by the Committee of the whole Council, which can suggest amendments. The bill then returns to the Council for a vote on whether to support its passage by giving it a Third Reading. If the motion for the Third Reading is passed, the bill completes its passage in the Legislative Council.

The Government is primarily responsible for proposing new legislation or amendments in the form of bills, which are then considered by the Council for enactment. However, subject to certain conditions, Members of the Council may also introduce bills. Bills introduced by the Government are known as Government bills, while those introduced by Members are called Members' bills.

If the Chief Executive of the Hong Kong Special Administrative Region considers a bill passed by the Legislative Council to be incompatible with the overall interests of the Region, they may return it to the Council for reconsideration within three months. If the Council passes the original bill again with a two-thirds majority, the Chief Executive must sign the bill and promulgate it within one month or act according to Article 50 of the Law. If the Chief Executive refuses to sign a bill passed by the Legislative Council a second time, they may dissolve the Council.

Hong Kong's national security law

In 2020, China introduced a controversial national security law (NSL) in Hong Kong, which reduced the city's autonomy and made a wider range of dissenting acts illegal. The NSL was created in response to the protests in Hong Kong the previous year and aimed to ensure the city had a legal framework to deal with what China perceived as challenges to its authority and Hong Kong's security.

The NSL criminalises four main acts: secession, subversion, terrorism, and collusion with foreign organisations. These crimes are punishable by a maximum sentence of life in prison. The law also applies to non-residents of Hong Kong, which has been interpreted as being applicable to every individual in the world.

The implementation of the NSL has had a significant impact on Hong Kong's freedoms and way of life. Numerous pro-democracy news outlets have shut down, and there has been an increase in the number of arrests of protesters, activists, and former opposition lawmakers. The NSL has also led to concerns about the independence of Hong Kong's judiciary, with the Chief Executive being authorised to restrict overseas lawyers from participating in NSL cases.

Under Hong Kong's Basic Law, the Chief Executive plays a crucial role in the legislative process. If the Chief Executive considers a bill passed by the Legislative Council to be incompatible with the overall interests of the Region, they may return it for reconsideration. If the Legislative Council passes the original bill again with a two-thirds majority, the Chief Executive must sign and promulgate it or act according to Article 50. If the Chief Executive refuses to sign a bill passed by the Legislative Council a second time, or if the Council refuses to pass an important bill, the Chief Executive may dissolve the Legislative Council. However, if the new Legislative Council passes the original bill with a two-thirds majority again, and the Chief Executive still refuses to sign it, they must resign.

The role of the Basic Law

The Basic Law is a constitutional document that outlines the fundamental policies of China regarding Hong Kong. It was enacted under the Chinese Constitution and came into effect on 1 July 1997 after the handover of Hong Kong, replacing the region's colonial constitution. The Basic Law is composed of nine chapters, 160 articles, and three annexes, and it enshrines the principles of "one country, two systems", "Hong Kong people administering Hong Kong", and a high degree of autonomy for the region.

The Basic Law sets out the sources of law, the relationship between Hong Kong and the Central Government, the fundamental rights and duties of Hong Kong residents, and the structure of local government. It is intended to safeguard the prosperity and stability of Hong Kong, as well as protect the rights and freedoms of its residents. The document also specifies the method for forming the Legislative Council, which must be done in accordance with the principle of gradual and orderly progress. The ultimate goal, as stated in the Basic Law, is to have all members of the Legislative Council elected by universal suffrage.

The Chief Executive of the Hong Kong Special Administrative Region plays a crucial role in the legislative process. They are responsible for introducing bills to the Legislative Council and have the power to return a bill for reconsideration if it is deemed incompatible with the overall interests of the region. If the Legislative Council passes the original bill again with a two-thirds majority, the Chief Executive must sign and promulgate it within one month or follow the provisions of Article 50. If a consensus cannot be reached and the Chief Executive refuses to sign, they have the authority to dissolve the Legislative Council.

The Basic Law also establishes the Executive Council, which is presided over by the Chief Executive. The Chief Executive is required to consult the Executive Council before making important policy decisions, introducing bills, or dissolving the Legislative Council. The Basic Law ensures the independence of key institutions such as the Commission Against Corruption and the Commission of Audit, which are accountable to the Chief Executive.

The impact of China's influence on Hong Kong's legislation

China's influence on Hong Kong's legislation has had a significant impact on the region's political and social landscape. Since the handover of Hong Kong from Britain to China in 1997, the People's Republic of China (PRC) has sought to exert its authority over the Special Administrative Region. The Basic Law of Hong Kong, established as the region's mini-constitution, outlines the principles of "one country, two systems," aiming to maintain Hong Kong's high degree of autonomy while respecting the PRC's sovereignty. However, China's influence on Hong Kong's legislation has been a source of tension and controversy, particularly with the introduction of the National Security Law (NSL).

The NSL, imposed by the PRC in June 2020, has been widely criticised by the international community as a threat to Hong Kong's legislative framework and democratic autonomy. The law grants the Chief Executive and the Committee for Safeguarding National Security in Hong Kong significant powers over national security issues, free from judicial review. This has led to concerns about the erosion of Hong Kong's separate legal system and the increasing influence of China's central government. The NSL has been used to conduct politically motivated arrests and prosecutions, targeting pro-democracy activists and critics of the Chinese government.

China's influence on Hong Kong's legislative process is also evident in the electoral landscape. In 2021, electoral changes reduced the number of directly elected seats in the Legislative Council and required all candidates to receive approval from the Beijing-dominated Hong Kong Election Committee. This has resulted in a Legislative Council dominated by pro-Beijing politicians, with reduced representation from marginalised and underrepresented groups. The Chief Executive, who presides over the Executive Council, plays a crucial role in introducing bills and making important policy decisions. While the Chief Executive is required to consult the Executive Council, the ultimate decision-making power rests with them, including the ability to dissolve the Legislative Council under certain circumstances.

Overall, China's influence on Hong Kong's legislation has had far-reaching consequences, impacting the region's political, social, and legal landscape. The NSL, in particular, has been a source of tension and criticism, with many viewing it as a threat to Hong Kong's autonomy and democratic framework. The ongoing dynamics between China and Hong Kong's legislative processes continue to shape the region's future and its relationship with the international community.

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