President of the Legislative Council of Hong Kong explained

Post:President of the Legislative Council
Body:Hong Kong
Incumbent:Andrew Leung
Incumbentsince:12 October 2016
Style:The Honourable (尊貴的)
Precursor:Governor of Hong Kong
Nominator:Legislative Council
Appointer:Legislative Council
Termlength:Four years, renewable
Inaugural:John Joseph Swaine
Salary:HK$2,400,000 annually[1]

The president of the Legislative Council is the presiding officer of the Legislative Council of Hong Kong. According to the Article 71 of the Hong Kong Basic Law, the president of the Legislative Council is elected by and from among Legislative Council members, plays the presiding role, administrative role and ceremonial role, and ensures the smooth conduct of the Legislative Council meetings.

History

From the establishment of the council in 1843 to 1993, the president of the Legislative Council of Hong Kong was the governor. In 1991, a deputy president, John Joseph Swaine, was appointed by the governor from among the non-official members to chair the sittings. The governor remained president and member, but systematically absented himself from most of the sittings. In February 1993, the governor ceased to be member and president of the council. The presidency was handed over to a member elected from among the unofficial members.

Eligibility

Under the current system, the president shall be a Chinese citizen and permanent resident of Hong Kong SAR of not less than 40 years of age, with no right of abode in any foreign country and has ordinarily resided in Hong Kong for continuous period of not less than 20 years.

Roles

Under the Article 66 to 79 in the Basic Law, the Legislative Council Commission Ordinance, the Legislative Council (Powers and Privileges) Ordinance and the Rules of Procedure of the Legislative Council of Hong Kong Special Administrative Region (RoP), the President performs the following roles in the council:

Presiding role

Primacy of President

In a controversial move directed at reining in democratic legislators (most of whom were elected by universal suffrage and six of whose seats had been vacated by a controversial court order of disqualification), amendments to the Rules of Procedure were passed on 15 December 2017 giving sweeping powers to the president to control the business of the legislature. Among them is the power to vet proposed motions and amendments to bills, require legislators to explain them and to reject or merge them. Prior notice must be given of any notice of motion and the .resident may reconvene the chamber immediately after any failure to meet quorum.[2] Under the undemocratic election system of the legislature, the role of president has been occupied by a pro-Beijing legislator since 1 July 1997.

Administrative role

The president is also the chairman of the Legislative Council Commission, a statutory body and provides administrative support and services for the Legislative Council and its members through the Legislative Council secretariat.

The Legislative Council Commission determines the organization and administration of support services and facilities, formulate and execute policies on their effective operation and expand funds in ways it see fit to support these activities.

Ceremonial role

The president is accorded the sixth place in the official precedence list following the chief executive, the chief justice of the Court of Final Appeal, the chief secretary for Administration, the financial secretary and the secretary for justice. The president is the representative of the Legislative Council on ceremonial and formal occasions.

List of presidents

British Colonial period (1843–1941)

Before 1993, the Legislative Council was presided over by the Governor of Hong Kong.

Japanese occupation period (1941–1945)

From 25 December 1941 to 30 August 1945, the office was suspended due to the Japanese Occupation of Hong Kong. The representative advisory bodies during the time were the Chinese Representative Council and Chinese Cooperative Council.

Restoration to British rule (1946–1997)

See also: 1993 President of the Hong Kong Legislative Council election.

Until 1993, the legislative council was presided over by the governor of Hong Kong. Between 1991 and 1993, a deputy president, John Joseph Swaine, was appointed by the then-governor David Wilson to chair the meetings in his absence. The governor then only attended the first session in October every year to present his policy address and gave a farewell speech to the members of the council before he left office. The president was elected among non-official members of the legislative council from 1993 onwards after the last governor Chris Patten having given up the presidency that year.

PortraitName
(Born–Died)
Term of officePolitical PartyConstituencyAssembly
Took officeLeft officeDuration
Sir John Joseph Swaine
Chinese: 施偉賢爵士(1932–2012)
19 February
1993

1995
Appointed 1991–95
Andrew Wong
黃宏發(born 1943)
11 October
1995
30 June
1997
New Territories Southeast1995–97

SAR Legislative Council (1998–present)

PortraitName
(Born–Died)
Term of officePolitical PartyConstituencyAssembly
Took officeLeft officeDuration
1Rita Fan
范徐麗泰(born 1945)
2 July
1998

2008
Independent
(Pro-Beijing)
Election Committee1st
2nd
Hong Kong Island3rd
2 Jasper Tsang
曾鈺成(born 1947)
8 October
2008
30 September
2016
DAB
(Pro-Beijing)
Hong Kong Island4th
5th
3Andrew Leung
梁君彥(born 1951)
12 October
2016
IncumbentBPA
(Pro-Beijing)
Industrial (First)6th
7th

Notes and References

  1. Web site: Explanatory Note on Remuneration Package for Legislative Council Members. LegCo.
  2. News: Hong Kong Free Press. 15 December 2017. Hong Kong legislature passes controversial house rule changes taking powers from lawmakers. Cheng. Kris. 16 December 2017.