CHAPTER 6 - LEGISLATION.doc - CHAPTER 6 LEGISLATION*It...

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CHAPTER 6 LEGISLATION (BASIC LAW + LOCAL LEGISLATION(PRIMARY/SECONDARY/ DELEGATED) *It override the common law Making of legislation - Legislative Process 1) Recognition of the need for legislation A bill is proposed legislation which has been drafted and introduced into legislative system (presented to LegCo), but not yet enacted. (Most bills are public bills meaning that they are bills covering issues for general application in HK ; some bills are more limited in nature, private bills legislation is for particular association, body corporate.) Members of LegCo are allowed to present their own bills: private members’ bills. It must not “relate to public expenditure, political structure or the operation of government” A bill must have - Short title - Long title - Enacting formula(enacted by the legislative council) - Explanatory memorandum stating the contents and objects of the bill 2) Drafting Government bills are drafted by Legislative Drafting Division of the Department of Justice . Before drafting the bill, the Law Draftsman analyses it in the context of existing law. The bill may be published for consultation before submitted to the Executive Council (ExCo) for approval. ExCo: an organ assisting the Chief Executive in policy-making , and Chief Executive need to consult ExCo before making policy decision or things related to legislation. 3) Consultation Sometimes, before ExCo sees the draft bill, copies will send to interested organizations for comment, perhaps resulting in further revisions of the draft. 4) Notice of presentation Only members of LegCo may present a bill. A member should notify the Clerk of any intention to do, and attach to the bill and explanatory memorandum stating its content and objects in non-technical term. 5) Publication Legal supplement No 3 of the Government Gazette. After receipt of a bill for presentation to LegCo, the Secretary General(clerk) must 1) Published the text of bill and its explanatory memorandum to Gazette unless the bill shall not be published or has already been published. 2) Send a copy of the bill and its explanatory memorandum to every member. 6) First reading Purely a formality and no debate is permitted. Short title read by the Clerk. 7) Second reading It begins with a motion that the bill be read the second time. If the motion is lost, no further proceedings can be taken on that bill.
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If the motion is passed, the bill usually goes to a committee of the whole LegCo, to see whether it needs amendment.
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  • Spring '15
  • Law, explanatory memorandum, Extrinsic aids

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