Basic Law 第43–65條

Political Structure I: Chief Executive and Executive Authorities

Chapter IV Sections 1 and 2 establish the status, qualifications, selection, powers and resignation conditions of the Chief Executive, the Executive Council as a decision-making advisory body, and the composition and accountability obligations of the Executive Authorities.

1 Status, Qualifications and Selection of the Chief Executive

Articles 43 to 45 establish the dual accountability of the Chief Executive, strict eligibility requirements, and the mechanism of selection by election or consultation followed by Central Government appointment, with the ultimate aim of universal suffrage.

Status and Accountability of the Chief Executive

第43條

The Chief Executive is the head of the Hong Kong Special Administrative Region and represents the Region. Definition
The Chief Executive is accountable to both the Central People's Government and the Hong Kong Special Administrative Region. Exam

易混淆

The CE is accountable to both the Central Government and the SAR — a common trap option claims accountability to only one party.

How it is examined

To which bodies is the Chief Executive accountable?

Accountable to the Central People's Government
Accountable to the Hong Kong Special Administrative Region
Serves as head and representative of the HKSAR

Eligibility Requirements for the Chief Executive

第44條

The Chief Executive must be at least 40 years of age. Numbers
Must have ordinarily resided in Hong Kong for a continuous period of not less than 20 years. Numbers
Must be a Chinese citizen who is a permanent resident of the HKSAR with no right of abode in any foreign country. Exam

必背數字

CE three requirements: age 40, 20 years residence, Chinese citizen permanent resident with no foreign right of abode. Compare: principal officials need only 15 years (Art. 61); LegCo President also requires 40 and 20 years (Art. 71).

高頻考點

"No right of abode in any foreign country" applies to the CE, principal officials, and ExCo members — frequently tested as a common requirement.

Eligibility Comparison of Three Posts

第44、55、61條

Post	Age	HK residence	Nationality / abode
Chief Executive	At least 40	20 years	Chinese citizen · no foreign abode
Principal officials	No age limit	15 years	Chinese citizen · no foreign abode
ExCo members	None specified	None specified	Chinese citizen · no foreign abode

All three must be Chinese citizens with no foreign right of abode; only the CE (20 yrs) and principal officials (15 yrs) have a residence requirement, and principal officials have no age limit.

How it is examined

What are the eligibility requirements for the Chief Executive?

At least 40 years of age
Ordinarily resided in Hong Kong for a continuous period of not less than 20 years
Chinese citizen who is a permanent resident with no right of abode in any foreign country

How do the qualifications for CE differ from those for principal officials?

CE: continuous residence of 20 years
Principal officials: continuous residence of 15 years
Both must be Chinese citizens with no right of abode in any foreign country
CE has an explicit age threshold of 40 years

Method for Selecting the Chief Executive

第45條

The Chief Executive shall be selected by election or through consultations held locally and then appointed by the Central People's Government. Exam
The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures. Definition
The specific method is set out in Annex I (revised 2021); for this chapter, only the principles in Art. 45 need to be mastered. Definition

易混淆

"Election or consultation" + "appointed by the Central People's Government" are two separate steps; the appointing body is the CPG, not the NPCSC.

How it is examined

Who appoints the Chief Executive?

Selected locally by election or consultation
Appointed by the Central People's Government
Ultimate aim is selection by universal suffrage
Nomination by a broadly representative nominating committee

2 Term of Office, Resignation and Acting Arrangements

Articles 46 to 53 cover the five-year term renewable once, financial disclosure upon taking office, three situations requiring resignation, the acting succession order, and the requirement to select a new CE within six months of a vacancy.

Term of Office and Integrity Requirements

第46–47條

The term of office of the Chief Executive is five years. He or she may serve for not more than two consecutive terms. Numbers
The Chief Executive must be a person of integrity, dedicated to his or her duties. Definition
The Chief Executive must, on assuming office, declare his or her financial interests to the Chief Justice of the Court of Final Appeal; this declaration is put on record. Exam

易混淆

Financial interests are declared to the Chief Justice of the Court of Final Appeal, not ICAC or ExCo — a common distractor.

真題考點

On assuming office, the CE must swear to uphold the Basic Law and pledge allegiance to the HKSAR — the oath is to the Basic Law and the Region, not the CPG or President. Frequently tested.

How it is examined

What are the term and re-election rules for the Chief Executive?

Each term is five years
May be re-elected but only for one consecutive additional term
Cannot serve three consecutive terms

To whom must the CE declare financial interests upon assuming office?

Declared to the Chief Justice of the Court of Final Appeal
Declaration is put on record
Reflects the integrity requirement

Three Situations Requiring the CE to Resign

第52條

Situation 1: Loses the ability to discharge duties as a result of serious illness or other reasons. Exam
Situation 2: After dissolving the LegCo over refusal to sign a bill, the newly elected LegCo passes the original bill again by a two-thirds majority of all members, but the CE still refuses to sign. Numbers
Situation 3: After dissolving the LegCo over refusal to pass a budget or other important bill, the newly elected LegCo continues to refuse to pass the disputed bill. Exam

必背數字

Situation 2 key number: newly elected LegCo passes the bill by two-thirds majority of all members — not a simple majority. Situation 3 has no specific vote threshold.

高頻考點

Impeachment three steps: ① joint motion by at least one-quarter of all LegCo members → ② Chief Justice of CFA appointed to form an independent inquiry committee → ③ if evidence sufficient, two-thirds of all LegCo members pass the impeachment motion, then report to the CPG. Final removal power rests with the CPG.

How it is examined

In what situations must the CE resign?

Loses ability to perform duties due to serious illness or other reasons
Newly elected LegCo passes the original bill by two-thirds of all members but CE still refuses to sign
Newly elected LegCo continues to refuse to pass the disputed budget or other important bill
All three situations unconditionally require resignation

What is the procedure for the LegCo to impeach the Chief Executive?

Requires a joint motion by at least one-quarter of all LegCo members, passed by the LegCo
Entrusts the Chief Justice of the Court of Final Appeal to form an independent inquiry committee
If the committee finds sufficient evidence, the impeachment motion must pass by a two-thirds majority of all LegCo members
Reported to the Central People's Government for decision; ultimate removal power rests with the CPG

Acting Chief Executive and Vacancy

第53條

When the CE is temporarily unable to perform duties, they shall be temporarily assumed in order by the Chief Secretary for Administration, Financial Secretary, Secretary for Justice. Numbers
In the event of a vacancy, a new Chief Executive shall be selected within six months in accordance with Article 45. Numbers
The term of office of the CE selected to fill a vacancy shall be the remainder of the term of the previous CE. Exam

必背數字

Acting order: Chief Secretary → Financial Secretary → Secretary for Justice, three levels in sequence. "Six months" for by-election is another key number.

How it is examined

Who acts as CE in order when the CE is temporarily unable to perform duties?

First in line: Chief Secretary for Administration
Second in line: Financial Secretary
Third in line: Secretary for Justice
Vacancy must be filled within six months

3 Powers of the Chief Executive and the Executive Council

Article 48 lists 13 statutory powers of the CE; Articles 54 to 58 cover the composition, appointment qualifications, procedures of the Executive Council, and the accountability of the ICAC and Audit Commission to the CE.

Principal Powers of the Chief Executive (Article 48)

第48條

Leads the government; signs bills passed by the LegCo into law; signs the budget passed by the LegCo and reports budgets and final accounts to the CPG. Exam
Decides government policies and issues executive orders. Definition
Nominates and recommends to the CPG for appointment principal officials: Secretaries and Deputy Secretaries, Bureau Directors, Commissioner of ICAC, Director of Audit, Commissioner of Police, Director of Immigration, Commissioner of Customs and Excise; and recommends their removal. Exam
Appoints and removes judges of the courts at all levels in accordance with legal procedures. Exam
Appoints and removes public officers; grants pardons or commutes penalties; handles petitions and complaints. Definition
Must sign and promulgate a bill within one month, or return it to the LegCo for reconsideration within three months. Numbers

必背數字

Two time limits: sign and promulgate within one month; return for reconsideration within three months — do not confuse them.

易混淆

Nominating principal officials is a CE power, but appointment is by the CPG, not the CE — frequently tested.

Bills and Dissolution — Key Figures

第49、50條

Step / matter	Rule
Return a bill to the LegCo for reconsideration	Within 3 months
Threshold for the LegCo to pass it again	Two-thirds majority of all members
Sign and promulgate after re-passage	Within 1 month
Dissolve the LegCo	Only once per term
Before dissolving the LegCo	Must consult the Executive Council

Return within 3 months, sign within 1 month — do not confuse; dissolution is once per term and requires prior ExCo consultation.

How it is examined

What are the time limits for the CE to sign or return a bill passed by the LegCo?

Sign and promulgate: within one month
Return to LegCo for reconsideration: within three months
If LegCo passes the bill again by two-thirds majority, CE must sign within one month

What nomination and appointment powers does the CE hold?

Nominates principal officials (Secretaries, Bureau Directors, etc.) for CPG appointment
Appoints and removes judges at all levels in accordance with law
Appoints and removes public officers in accordance with law
Appointment power for principal officials rests with the CPG, not the CE

Which of the following is NOT a power exercisable by the Chief Executive?

The CE may only "nominate" principal officials — directly "appointing/employing" them is not a CE power
The CE cannot command or deploy the PLA garrison
The CE cannot handle diplomatic affairs (reserved for the Central Government)
The CE cannot amend bills passed by the LegCo

How many times may the CE dissolve the LegCo in one term?

The CE may dissolve the LegCo only once per term of office
Must consult the Executive Council before dissolution
A new LegCo must be elected within three months of dissolution
The first CE could not dissolve the LegCo during that term

Composition and Operation of the Executive Council

第54–56條

The Executive Council is an institution that assists the Chief Executive in policy-making. Definition
Members of the Executive Council are appointed by the CE from among the principal officials of the executive authorities, members of the Legislative Council and public figures; the CE decides on their appointment and removal. Exam
Members of the Executive Council shall not serve beyond the term of the CE who appoints them. Numbers
Members shall be Chinese citizens who are permanent residents of the HKSAR with no right of abode in any foreign country. Exam
The CE must consult the Executive Council before making important policy decisions, introducing bills, making subordinate legislation, or dissolving the LegCo — except for personnel matters and emergencies. Exam
If the CE does not accept the opinion of the majority of members of the Executive Council, he or she must put the specific reasons on record. Exam
Meetings of the Executive Council are presided over by the Chief Executive. Definition

高頻考點

The ExCo only "assists" in policy-making; ultimate decision authority rests with the CE. If the CE overrides the majority, specific reasons must be recorded.

易混淆

ExCo members come from three sources: principal officials, LegCo members, public figures — "judges" or "NPC deputies" are common distractors.

Matters Requiring ExCo Consultation vs Exemptions

第56條

Category	Matter
Must consult	Making important policy decisions
Must consult	Introducing bills to the LegCo
Must consult	Making subordinate legislation
Must consult	Before dissolving the LegCo
Exempt	Personnel appointments and removals
Exempt	Disciplinary action
Exempt	Measures taken in emergencies

Four matters require consultation; three are exempt — personnel matters, disciplinary action and emergency measures — the most common distractors.

How it is examined

From whom are Executive Council members appointed?

Principal officials of the executive authorities
Members of the Legislative Council
Public figures
Appointed and removed by the CE
Must be Chinese citizens who are permanent residents with no right of abode in any foreign country

When must the CE consult the Executive Council before acting?

Before making important policy decisions
Before introducing bills to the LegCo
Before making subordinate legislation
Before dissolving the LegCo
Exempt for personnel matters and emergencies

Accountability of ICAC and the Audit Commission

第57–58條

The HKSAR shall establish an Independent Commission Against Corruption, which shall function independently and be accountable to the Chief Executive. Exam
The HKSAR shall establish an Audit Commission, which shall function independently and be accountable to the Chief Executive. Exam

高頻考點

Both ICAC and the Audit Commission are accountable to the Chief Executive, not the LegCo or Secretary for Justice — "accountable to the LegCo" is a frequent distractor.

How it is examined

To whom are the ICAC and the Audit Commission accountable?

ICAC: functions independently, accountable to the Chief Executive
Audit Commission: functions independently, accountable to the Chief Executive
Neither is accountable to the LegCo or the Secretary for Justice

4 Executive Authorities

Articles 59 to 65 establish the Government as the executive authority, set up the three Secretaries and departments, require 15 years of continuous residence for principal officials, grant independent prosecutorial power to the Department of Justice, and impose accountability obligations on the Government toward the LegCo.

Composition and Qualifications of Principal Officials

第59–61條

The Government of the HKSAR is the executive authorities of the HKSAR. Definition
The head of the Government is the Chief Executive of the HKSAR. Definition
The HKSAR Government shall comprise the Chief Secretary for Administration, Financial Secretary, Secretary for Justice, and Bureaux, Departments and Agencies. Exam
Principal officials must be Chinese citizens who are permanent residents of the HKSAR with no right of abode in any foreign country and have ordinarily resided in Hong Kong for a continuous period of not less than 15 years. Numbers

必背數字

Residence comparison: CE = 20 years (Art. 44); Principal officials = 15 years (Art. 61); LegCo President = 20 years (Art. 71). Do not apply the 15-year figure to the CE.

How it is examined

What qualifications must principal officials possess?

Ordinarily resided in Hong Kong for a continuous period of not less than 15 years
Permanent residents of the HKSAR with no right of abode in any foreign country
Chinese citizens
Note: five years less than the CE requirement (20 vs 15 years)

What are the three principal Secretaries in the HKSAR Government?

Chief Secretary for Administration
Financial Secretary
Secretary for Justice
In addition to the three Secretaries, there are also Bureaux, Departments and Agencies

Department of Justice and Independent Prosecution

第63條

The Department of Justice of the HKSAR shall control criminal prosecutions, free from any interference. Exam
Independent prosecution is an important common law principle, reflecting judicial independence and separation from the executive. Definition

高頻考點

The DoJ exercises criminal prosecution independently — free from interference including from the CE. A common exam question asks about accountability; prosecution independence is a separate principle.

How it is examined

What is the special status of the Department of Justice in criminal prosecutions?

Controls criminal prosecutions
Free from any interference, including from the Chief Executive
Reflects the common law principle of independent prosecution

Government Functions and Accountability to the LegCo

第62、64–65條

Government functions include: formulating and implementing policies, managing administrative affairs, handling external affairs as authorised, preparing and introducing the budget and final accounts, and drafting bills, motions and subordinate legislation. Definition
The HKSAR Government must abide by the law and is accountable to the Legislative Council of the HKSAR. Exam
Government accountability to the LegCo includes: implementing laws passed; delivering regular policy addresses; answering questions from members; and obtaining LegCo approval for taxation and public expenditure. Exam
Advisory bodies previously established by the executive authorities shall be maintained. Definition

高頻考點

Four accountability obligations: implement laws, deliver regular policy addresses, answer questions, taxation/spending need approval. Fill-in question: "advisory bodies (諮詢組織) previously established by the executive authorities shall be maintained" — "executive bodies" is a common wrong answer.

Accountability of Key Bodies

第57、58、63、64條

Body	Accountability / feature
ICAC	Functions independently; accountable to the Chief Executive
Audit Commission	Functions independently; accountable to the Chief Executive
Department of Justice	Controls criminal prosecutions, free from interference
HKSAR Government (overall)	Accountable to the Legislative Council

Both the ICAC and the Audit Commission are accountable to the CE (not the LegCo); the Government overall is accountable to the LegCo.

How it is examined

What accountability obligations does the HKSAR Government owe to the Legislative Council?

Implement laws passed by the LegCo
Regularly deliver policy addresses to the LegCo
Answer questions raised by LegCo members
Taxation and public expenditure require LegCo approval

To whom are the ICAC, Audit Commission and Department of Justice each accountable?

ICAC: accountable to the Chief Executive
Audit Commission: accountable to the Chief Executive
DoJ: criminal prosecution free from any interference; overall government accountability is to the LegCo
ICAC and Audit Commission both function independently

Advisory bodies (________) previously established by the executive authorities shall be maintained.

Answer: advisory bodies (諮詢組織) — not administrative, executive, or management bodies
Advisory bodies refer to statutory and non-statutory advisory committees established to gather public input
This provision reflects the continuity of Hong Kong's pre-handover system

Practise with 683 exam-style questions

The notes above come from the 10min BLNST app. Inside the app you can study each lesson side by side with 683 practice questions covering the Basic Law and the Hong Kong National Security Law.

1 Status, Qualifications and Selection of the Chief Executive

Status and Accountability of the Chief Executive

Eligibility Requirements for the Chief Executive

Eligibility Comparison of Three Posts

Method for Selecting the Chief Executive

2 Term of Office, Resignation and Acting Arrangements

Term of Office and Integrity Requirements

Three Situations Requiring the CE to Resign

Acting Chief Executive and Vacancy

3 Powers of the Chief Executive and the Executive Council

Principal Powers of the Chief Executive (Article 48)

Bills and Dissolution — Key Figures

Composition and Operation of the Executive Council

Matters Requiring ExCo Consultation vs Exemptions

Accountability of ICAC and the Audit Commission

4 Executive Authorities

Composition and Qualifications of Principal Officials

Department of Justice and Independent Prosecution

Government Functions and Accountability to the LegCo

Accountability of Key Bodies

Practise with 683 exam-style questions

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