Political Structure II: Legislature and Judiciary

Of 90 LegCo members, how many are elected by the Election Committee, functional constituencies and geographical constituencies respectively?

• Election Committee: 40
• Functional constituencies: 30
• Geographical direct elections: 20
• Total: 90
• Traps: "30-30-30" (equal thirds) is wrong; "40-40-10" is also wrong

What is the maximum proportion of non-Chinese and foreign-residency LegCo members?

• Must not exceed 20% of all members
• Both categories share this single cap — not calculated separately
• The main composition must still be Chinese citizens with no foreign right of abode

What is the term of the Legislative Council, and what was the first term?

• Each term is four years
• First term was two years (special provision — common exam trap)
• Both numbers must be memorised together

Within what period must a new LegCo be elected after dissolution?

• Within three months
• The new LegCo is formed in accordance with Art. 68
• Note: the CE may only dissolve LegCo once per term

What qualifications must the President of LegCo possess? (identify the incorrect)

• Correct: at least 40 years of age (not 30 or 35)
• Correct: continuously ordinarily resided in HK for 20 years
• Correct: Chinese citizen with no right of abode in a foreign country
• Correct: elected by and from among LegCo members
• Trap: "at least 30 years of age" is a common wrong option — correct is 40

Which powers are expressly given to the President of LegCo? (identify non-powers)

• Preside over meetings
• Decide the agenda (government bills given priority)
• Decide the time of meetings
• Call special sessions during recess
• Call emergency sessions at the request of the CE
• NOT powers: deciding members' dress, verifying oath wording, advising the CE

What fraction of members starts the impeachment process? Who chairs the committee? What fraction passes the motion?

• Motion to investigate: one-quarter of all members (joint)
• Investigation committee chaired by: CFA Chief Justice (not CE, not LegCo President)
• Impeachment motion threshold: two-thirds of all members
• After passing: refer to the Central People's Government for decision (LegCo has no removal power)
• Key trap: one-quarter to START; two-thirds to PASS — both based on ALL members

Which of the following is NOT a power of LegCo? (identify the non-power)

• LegCo powers include: enact/amend/repeal laws, approve budget, approve taxation/expenditure, debate施政 report, interpellate government, debate public interest, endorse CFA/HC judge appointments, handle complaints, summon witnesses
• Impeach CE (one-quarter motion → two-thirds pass, refer to CPG)
• NOT LegCo powers: appointing NSC members, helping government draft laws
• Note: LegCo only ENDORSES CFA judge appointments — it does not itself appoint

What are the three areas that member bills must not relate to? What extra condition applies to government policy?

• Must not relate to public expenditure
• Must not relate to political structure
• Must not relate to the operation of the government
• Bills relating to government policy require the CE's written consent before introduction
• These three types of bills can only be introduced by the government

What fraction of all members constitutes the quorum for LegCo meetings?

• Not less than half (one-half) of all members
• LegCo standing orders are made by LegCo itself but must not contravene the Basic Law

Individual member bills/motions/amendments must pass by _____ of each of the two groups of members present.

• A majority of each group (split vote)
• Group 1: Election Committee members; Group 2: functional constituency + geographical constituency members
• Government bills: only a simple majority of all members present (no split voting)
• Trap: not "two-thirds of each" — it is "a majority of each"

Which of the following is NOT a protection for LegCo members? (identify the non-protection)

• Protection 1 (speech immunity): not legally liable for speeches AT meetings
• Protection 2 (no arrest): not arrested while ATTENDING meetings
• Protection 3 (no arrest): not arrested ON THE WAY to meetings
• Not protected: "after leaving meetings" — most common wrong option in exams
• Art. 77 covers speeches; Art. 78 covers attendance and transit — different scopes

Which situations are NOT sufficient to disqualify a member? (identify tricky numbers)

• "Three consecutive months" absence (not one or two months) without consent
• Criminal conviction outside HK: must be sentenced to "more than one month" (not one week or three weeks) AND passed by two-thirds of members present
• Misconduct or breach of oath: two-thirds of members present (not one-half)
• All seven grounds are declared by the President of LegCo — not the court
• Bankruptcy disqualifies; "sentenced to 3 weeks" does not (less than one month)

The power of final adjudication belongs to ___; what type of judges may the CFA invite?

• Power of final adjudication belongs to the Court of Final Appeal
• May invite judges from other COMMON LAW jurisdictions (not mainland, not civil law)
• The old right of appeal to the UK Privy Council was replaced by the CFA
• Existing judicial system is maintained "except for the establishment of the CFA"

What courts exist in the HKSAR? What two courts does the High Court comprise?

• Court of Final Appeal, High Court (Court of Appeal + Court of First Instance), District Court, magistracies and specialised tribunals
• High Court comprises: Court of Appeal and Court of First Instance
• Trap: "Court of Appeal, High Court and Court of First Instance" is wrong — the High Court IS the parent, with two divisions

Whose judicial precedents may HK courts reference? From where may judges be recruited?

• May reference judicial precedents from other COMMON LAW jurisdictions
• Judges may be recruited from other common law jurisdictions
• Both limited to common law jurisdictions — not mainland China, not civil law countries

The _____ of judicial officers in the performance of their duties shall not be legally liable.

• Answer: "acts" (not "statements", "comments" or "sentences")
• Judicial officers' judicial acts are not legally liable — protects the act of adjudication
• Compare: LegCo members' speeches at meetings (Art. 77) — protects speech, not acts

Which existing litigation principles and institutions are preserved under the Basic Law?

• The principle of trial by jury is preserved
• Presumption of innocence: presumed innocent until convicted by a court
• Right to a fair trial as soon as practicable upon lawful arrest
• All derived from existing criminal and civil procedure principles

Judges are recommended by a commission comprising _____ and appointed by _____.

• Commission: local judges AND persons from the legal profession AND eminent persons from other sectors
• Appointing authority: Chief Executive
• Judges are selected on their own judicial and professional qualities; may be recruited from other common law jurisdictions
• Trap: CFA Chief Justice, ExCo, LegCo are NOT the appointing authority — it is the CE

Under what circumstances may an ordinary judge be removed? How many judges form the tribunal?

• Only two grounds: incapacity to discharge duties OR misbehaviour
• Ordinary judge: CE acts on recommendation of a tribunal of not less than THREE local judges (appointed by the CFA Chief Justice)
• Trap options: "wrongful judgement", "improper remarks in court", "criminal conviction" — none are valid grounds for removing a judge

How many judges must form the tribunal to remove the CFA Chief Justice vs ordinary judges?

• CFA Chief Justice removal: CE appoints a tribunal of not less than FIVE local judges
• Ordinary judge removal: not less than THREE (appointed by CFA Chief Justice)
• Key number pair: THREE (ordinary) vs FIVE (Chief Justice)
• Both are "local judges" and "not less than" (may exceed the minimum)

The CFA Chief Justice and High Court Chief Judge must be Chinese citizens who are HK permanent residents with _____ in a foreign country.

• Answer: "no right of abode" in a foreign country
• Same nationality requirement as CE and LegCo President
• Non-chief CFA judges and other judges do not have this restriction and may be recruited from other common law jurisdictions

What three procedures are required for appointing/removing CFA judges and the High Court Chief Judge?

• Step 1: CE acts on recommendation of independent commission
• Step 2: CE obtains endorsement of the Legislative Council
• Step 3: Reported to the NPCSC for the record
• Note: "for the record" (備案), NOT "for approval" (批准) — a common exam trap
• Ordinary judges need only step 1; CFA judges and HC Chief Judge need all three