Monday, 5 May 2008

EPA notes 3-5

EPA notes unit 3-5 Basic law 1) It is a National law that all Chinese Citizen must obey. 2) It’s enacted in accordance with Article 31 of the Constitution of PRC. 3) It’s a constitutional doc. of HKSAR; no law enacted in HKSAR can contravene the Basic law. Importance 4) Relationship between the Central Authorities and HKSAR, political structure, social and economics system of HKSAR. 5) The rights, freedoms and duties of HK residents. Importance of government 6) Government keeps order in society by enacting laws. 7) The government has obligation to serve people→ allocates basic infrastructure and social services, carry out policies which are good for econ. And social development. Chief Executive 8) Selection- In accordance with Basic Law, the CE is selected by election. 9) Can sign bills, budgets pass by Legco Council. 10) Decide government policies and issue orders 11) Nominate and report to CPG for appointment of principal officials, recommend to CPG for remove them 12) Appoint/ remove judges and all level courts, holder of public office 13) On behalf of HKSAR government, conduct external affairs and other affairs as authorized by Central Authorities 14) Handle petitions and complaints Executive council 15) Members: appoint by CS, included 3 secretaries of principal officials, 12 Directors of Bureaux, some from Legco Council and public figures. Appointment or removal by CE. 16) Function: organ that assists CE in policy making, CE have to consult the EC before making important policy decisions, introducing bills to LC, subordinate legislation or dissolve LC. Secretariat and departments 17) The policy bureaux collectively from the Government Secretariat. In each bureau, there is a Director of Bureau and a Permanent Secretary. 18) Function: the Chief Secretary for Administration, Financial Secretary, Secretary for Justice and 12 Directors of Bureaux are directly accountable to the Chief Executive. They lead the bureaux or government departments to ensure effective implementation of policies, they formulate, explain and promote policies, accountable for the success or failure of their policies, The Chief Executive can terminate their contracts if there are serious mistakes or if they have serious problems concerning personal integrity, or if they cease to be eligible under the Basic Law Legislative Council (LC) 19) Select by Geographical constituencies (five, eligible residents in the constituencies and elect), Functional constituencies elections( eligible members in these sector can elect) and Election committee election (composed by permanent residents of HKSAR, exist in first, second term only) 20) Enact, amend or repeal laws, approve budgets, bills and public expenditure. 21) Receive and debate the policy addresses of CE, raise question on work of gov. 22) Debate issue concerning public interests and receive and handle complaints from HK residents. Judiciary 23) The judiciary of HKSAR is composed of the courts at all levels, it can interpret the laws (laws enacted by LC, lower courts follow interpretation of higher courts.) Courts exercise judicial power and hear all criminal and civil cases, free from interference of any organization or person, power to rule weather or not it’s legal. Communication 24) Communication can foster understanding between the people and the government→help build up better society. 25) Advantage: formulate policies that better fulfill social expectation and needs by pooling ideas put forward by public through consultation, public opinion can gain public recognition and oversee government’s work, the accountability of government can be enhanced. 26) Public can express opinions to government but have the duty to abide by the law and should not interfere others’ rights and public interest. Release information 27) Information services department: publish and ad for government, maintain Government Information Centre. 28) Home Affairs Department: set up 20 Public Enquiry Services Centres to provide information on government. Receive opinions and complaints 29) Executive Authorities: The CE, principal officials and heads for government departments have obligation to listen to public opinions and complaints. 30) LC: redress system; complain about government’s policies and action. 31) District C: meet them by Meet- the- Public- Scheme. 32) Office of Ombudsman: which responsible directly to CE, complaints against admin. Acts of governments or public organizations. 33) Home Affairs Bureau : collect trends through telephone surveys. 34) Advisory and statutory bodies: specialists, professional in diff. field to form, give possible advice. 35) Public consultation: explain objectives of laws or policies to public through consultation paper, leaflets or press conferences. Informal Channel 36) Mass medial report government information and public opinions, provide platform for communication. 37) Organizations or group by public: They advise or criticize government on related policies and social issues. 38) Procession demonstration and petition to express can arouse local or even international concern. Election 39) It’s a way for residents to delegate by vote the power to rule or manage public affairs to person who can best represents their interests, lawful and peaceful way, provides elected representatives the legitimacy to rule. 40) Role of residents in election: become candidates and stand for election to serve (stand), vote in rational and fair manner, e.g., consider the qualifications, past records of community service and political agendas.

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