Hong Kong's Legislative Journey: Bills To Laws

The process of how a bill becomes a law in Hong Kong is a complex one. The Hong Kong government is primarily responsible for proposing new legislation or amendments to existing legislation, in the form of bills that are considered by the Council for enactment. Members of the Council may also introduce bills, subject to certain conditions. A bill must be published in the Gazette before it is introduced and must be given three readings for its passage by the Council. The First Reading is a formality, with the Clerk reading the short title of the bill at a Council meeting. The Second Reading involves explaining the purpose of the bill, after which the bill is referred to the House Committee to allow Members more time to study it. During the Second Reading, Members present their views on the general merits and principles of the bill and may indicate their support or opposition. If the bill passes the Second Reading, the Council sits as a Committee of the whole Council and goes through the clauses of the bill, making amendments where agreed upon by the Committee. After the bill has passed through the Committee, it is reported back to the Council for the Third Reading. If the bill passes the Third Reading, it becomes an Ordinance enacted by the Legislative Council and may take effect after being signed by the Chief Executive and published in the Gazette.

The bill is first published in the Gazette before it is introduced into the Council

The process of a bill becoming a law in Hong Kong begins with its publication in the Gazette. This is a formal step, and the first of three readings the bill will undergo before it can be passed by the Council.

The First Reading is a formality, with the Clerk reading the short title of the bill at a Council meeting. The bill is then introduced to the Council.

The Second Reading of the bill starts with a government official or Member of the Council who introduces the bill, explaining its purpose and moving the motion for the bill to be read a second time. Typically, after the motion has been moved, the debate is adjourned, and the bill is referred to the House Committee. This allows Members more time to study the bill, either in the House Committee or a bills committee set up specifically for it.

The debate on the Second Reading resumes at a subsequent Council meeting after the bill has been studied. During the debate, Members present their views on the general merits and principles of the bill and may indicate their support or opposition. A vote is then taken by the Council on the motion for the bill to be read a second time. If the motion is not passed, the bill cannot proceed further. If it is passed, the bill is given its Second Reading, and the Council will then sit as a "Committee of the whole Council". The Committee goes through the clauses of the bill, making amendments where agreed to by the Committee.

After the bill has passed through the Committee of the whole Council with or without amendments, it is reported back to the Council for it to consider whether to support the passage of the bill by giving it a Third Reading. Usually, the resumption of the Second Reading debate and the Third Reading (if the bill has been given the Second Reading) take place at the same Council meeting.

The bill must be given three readings for its passage by the Council

For a bill to become a law in Hong Kong, it must be given three readings for its passage by the Council. The first reading is a formality, with the Clerk reading the short title of the bill at a Council meeting. The second reading is more involved, with the government official or Member who introduces the bill explaining its purpose. After the bill has been introduced, the debate on the second reading is adjourned and the bill is referred to the House Committee to allow Members to study it.

The debate on the second reading resumes at a subsequent Council meeting after the bill has been studied by the House Committee or a bills committee. During the debate, Members present their views on the general merits and principles of the bill and may indicate their support or otherwise. A vote is then taken by the Council on the motion, and if the motion is not passed, the bill cannot proceed further. If it is passed, the bill is given the Second Reading, and the Council will then sit as a "Committee of the whole Council" during which the Committee goes through the clauses of the bill, making amendments where agreed to by the Committee.

After the bill has passed through the Committee of the whole Council with or without amendments, it is reported back to the Council for it to consider whether to support the passage of the bill by giving it the Third Reading. Usually, the resumption of the Second Reading debate and the Third Reading (if the bill has been given the Second Reading) take place at the same Council meeting. When a bill has been given three readings, it becomes an Ordinance enacted by the Legislative Council.

The bill's purpose is explained during the Second Reading

The second reading of a bill is when the bill's purpose is explained, and the general merits and principles are discussed. During this stage, the government official or member who introduces the bill will move the motion "That the bill be read the second time" and explain the purpose of the bill.

The bill in question here is the Article 23 bill, or the Safeguarding National Security Ordinance, which was passed in Hong Kong in March 2024. This bill was first proposed in 2003 but was shelved due to mass protests. The bill creates 39 offences divided into five categories: treason; insurrection, incitement to mutiny and disaffection, and acts with seditious intention; sabotage; external interference; and theft of state secrets and espionage. The four offences punishable by up-to-life imprisonment are treason, insurrection, inciting members of the Chinese armed forces to mutiny, and colluding with external forces to damage public infrastructure.

The second reading of the bill is when the purpose of the bill is explained in detail, and members of the council can present their views on the general merits and principles of the bill. This is a crucial stage as it allows for a full discussion of the bill's purpose and gives members the opportunity to indicate their support or opposition. After the second reading, the bill is given to a House Committee for further study before a final vote is taken.

The bill is studied by the House Committee or a bills committee

Once a bill has been introduced into the Council, it is given three readings for its passage. The First Reading is a formality, with the Clerk reading the short title of a bill at a Council meeting. The Second Reading of the bill starts with the government official or Member who introduces the bill moving the motion "That the bill be read the second time" and explaining the purpose of the bill. After the motion has been moved, the debate on it is adjourned and the bill is referred to the House Committee to allow Members more time to study it, either in the House Committee or in a bills committee set up by the House Committee specifically for it.

During the time that the bill is studied by the House Committee or a bills committee, the House Committee can set up a bills committee specifically for the bill. The bills committee will then study the bill in detail and may amend it. The bills committee is usually chaired by the Member who proposed the bill, and it includes Members from different political groups. The bills committee will hear submissions from the public and may also invite the government official responsible for the bill to answer questions. The bills committee will then report the bill back to the House Committee.

The debate on the Second Reading resumes at a subsequent Council meeting after the bill has been studied. During the debate, Members present their views on the general merits and principles of the bill and may indicate their support or otherwise. A vote is then taken by the Council on the motion "That the bill be read the second time". If the motion is not passed, the bill cannot proceed further. If it is passed, the bill is given the Second Reading, and the process continues.

The bill is given the Second Reading, and the Council sits as a Committee of the whole Council

The second reading of the bill is a crucial stage in the legislative process, as it provides the first opportunity for Members of the Council to debate the general merits and principles of the bill and indicate their support or opposition. The second reading is initiated by a government official or Member who introduces the bill, explaining its purpose and moving the motion for the bill to be read a second time. Typically, after the motion is proposed, the debate is adjourned, and the bill is referred to the House Committee or a separate bills committee for further examination.

Once the bill has been thoroughly studied by the relevant committee, the second reading debate resumes at a subsequent Council meeting. During this debate, Members are given the opportunity to present their perspectives on the bill and express their support or opposition. Following the debate, the Council votes on the motion for the bill to be read a second time. If the motion fails to pass, the bill cannot proceed further. However, if the motion is successful, the bill is given its Second Reading, and the Council then sits as a "Committee of the whole Council."

During this stage, the Council scrutinises the bill clause by clause, making amendments where agreed upon by the Committee. This process allows for a detailed examination of the bill's provisions and enables Members to propose changes to specific clauses. The bill then passes through the Committee of the whole Council, with or without amendments, and is reported back to the Council. The Council subsequently considers whether to support the passage of the bill by giving it a Third Reading.

Usually, the resumption of the Second Reading debate and the Third Reading, if the bill has been given the Second Reading, occur during the same Council meeting. This stage of the legislative process is crucial as it provides Members with the opportunity to engage in a detailed discussion of the bill and propose amendments before the final vote on its passage.

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