con law

Lecture VI
Legislative Power and
LegCo
Contents
LegCo: Historical Evolution
Powers and functions, and Prerogatives
Issues raised under the BL
Case Law

• Article 66

• The Legislative Council of the
HKSAR shall be the legislature of the Region.
•

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I. LegCo – A Brief Retrospect
• A. Generality
– From 26 January 1841 to 30 June 1997,
• Hong Kong was a British colony and its first constitution, in the form of Queen Victoria's Letters Patent entitled the Charter of the Colony of Hong Kong and proclaimed at the Government
House on 26 June 1843, authorized the establishment of the
Legislative Council and empowered "the Governor for the time being ... with the advice of the said Legislative Council ... to make and enact all such Laws and Ordinances as may from time to time be required for the peace, order and good government ... of
Hong Kong".
• The Letters Patent of 1917, which replaced the 1843 Charter, added the significant words "and consent" after the words "with the advice".
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• B. A Historical Review
– The Legislative Council has undergone great changes over the past one and a half centuries and evolved from being an advisory body to a legislature with powers and functions to render checks and balances on the executive authorities.

– The following chronicles the evolution of the Legislative Council from 1843 to now:
– 1843
The Legislative Council was established under British rule with 4 Official
Members (including the Governor who was President and Member).
1844
The Council held its first meeting.
1850
The first two Unofficial Members were appointed.
1857
An additional 2 Official Members and 1 Unofficial Member were appointed.

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– 1884
The Council was enlarged to comprise 7 Official Members and 5 Unofficial Members, including a Chinese.
– 1896
The Council was further enlarged and consisted of 8
Official Members and 6 Unofficial Members.
1929
The Council comprised 10 Official Members and 8