Conflict between the Legislature and Executive Constitutional crisis in oath

Conflict between the legislature and executive

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* Conflict between the Legislature and Executive Constitutional crisis in oath-taking 2017 in CE v President of LegCo (2017): CE sued President of LegCo who prepared to let Leung, Yau take oaths afresh Judicial review supposed to be a check on CE; but not as a tool for CE to sue the legislative branch Judiciary unwittingly opened the floodgates to more (unnecessary) litigation and embroiled itself in more political controversy Check ppt
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LegCo composed of 35 geographical and 35 functional constituencies (~80000 individual vs 125 corporate) -though exactly the same powers and privileges, great disparity in the distribution of voters Classificatio n of bills Introducing bills -written consent/ approval of CE always required Public vs Private Concern the pub interest/benefit/govt measure Provides primarily for the particular interest/benefit of any individual, association, body corporate, not govt measure Government vs Private members’ Sponsored/ drafted by Dep/ Bureau of govt Sponsored by an MLC/ grp of MLCs Relate to government policy → approval by CE required Relate to public expenditure / political structure / operation of the government → cannot be introduced by MLC (even if approval given) Introduction needs Law Draftman’s certificate, and vetted by pred → whether in 3 categories / if public → approval by CE Simple majority vs Split voting Members’ bills harder to pass Govt bill’s take precedence Amendment to Govt bills proposed by MLCs rarely secure enough vote IGCO BL 74: Scope of private members’ bills Annex II, BL ROP Rule18 Three readings 1st reading: reads out short title, no debate, then describes objectives 2nd reading: debate, votes Committee stage: votes provision by council, and amendments 3rd reading: debates confined to bill’s contents and minor error corrections, then pass Assent 1presentment 2promulgatio n Bill passed take effect only after signed and promulgated (published in Gazette) by CE, meaning CE has power to stop a bill from taking effect as legislature. Indirect limitation on number of times CE refuses to sign, but CE never used right to veto a bill. BL 76 BL 49-52 Reporting to NPCSC Report for the record, shall not affect entry into force Law not in conformity of BL regarding responsibilities Central Authorities or its relationship with HKSAR, SC may return without amend, and invalidated by immediately. SC cannot disallow hk bills that deal with its internal affair BL 17(2),(3)
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Control of subsidiary legislation Oversight by LegCo: negative and positive vetting Not subject to 3 readings procedure but vetting Negative vetting - passive: to be published in the Gazette and laid on the table of LegCo power may be pre-emptively ousted by ordinance Empowers the CE to implement UN sanctions under the Chinese Foreign Ministry's instructions ^28 days of add, vary or repeal by way of binding resolution Positive vetting - active: Ordinance provides that approval of LegCo needed sometimes not vested on LegCo, e.g.
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