Government of Hong Kong

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Government of the Hong Kong Special Administrative Region
香港特別行政區政府
Regional Emblem of Hong Kong.svg
Formation1 July 1997;27 years ago (1997-07-01)
Founding document Hong Kong Basic Law
Jurisdiction Hong Kong
Website gov.hk
Legislative branch
Legislature Legislative Council
Meeting place Legislative Council Complex
Executive branch
Leader Chief Executive
Appointer Premier, State Council of China
Headquarters Central Government Complex
Main organ Executive Council
Departments13 (full list)
Judicial branch
Court Court of Final Appeal
Seat Court of Final Appeal Building
Cantonese pronunciation: [hœ́ːŋ.kɔ̌ːŋtsēːŋ.fǔː]
Government of the Hong Kong Special Administrative Region
Traditional Chinese 香港特別行政區政府
Simplified Chinese 香港特别行政区政府
Jyutping Hoeng1 gong2 Dak6 bit6 Hang4 zing3 keoi1 Zing3 fu2
Cantonese Yale Hēunggóng Dahkbiht Hàhngjingkēui Jingfú
Transcriptions
Standard Mandarin
Hanyu Pinyin Xiānggǎng Tèbié Xíngzhèngqū Zhèngfǔ
Bopomofo ㄒㄧㄤ ㄍㄤˇ ㄊㄜˋ ㄅㄧㄝˊ ㄒㄧㄥˊ ㄓㄥˋ ㄑㄩ ㄓㄥˋ ㄈㄨˇ
Wade–Giles Hsiang1-kang3 T'e4-pieh2 Hsing2-cheng4-ch'ü1 Cheng4-fu3
IPA [ɕjáŋ.kàŋ tʰɤ̂.pjě ɕǐŋ.ʈʂə̂ŋ.tɕʰý ʈʂə̂ŋ.fù]
Yue: Cantonese
Yale Romanization Hēunggóng Dahkbiht Hàhngjingkēui Jingfú
Jyutping Hoeng1 gong2 Dak6 bit6 Hang4 zing3 keoi1 Zing3 fu2
IPA [hœŋ˥.kɔŋ˧˥ tɐk̚˨ pit̚˨ hɐŋ˩ tsɪŋ˧ kʰɵɥ˥ tsɪŋ˧ fu˧˥]

The Government of the Hong Kong Special Administrative Region [1] (commonly known as the Hong Kong Government or HKSAR Government) is the executive authorities of Hong Kong. It was established on 1 July 1997, following the handover of Hong Kong.

Contents

The Chief Executive and the principal officials are appointed by the State Council of the People's Republic of China in accordance with the outcome of local processes. The Government Secretariat is headed by the Chief Secretary of Hong Kong, who is the most senior principal official of the Government. The Chief Secretary and the other secretaries jointly oversee the administration of Hong Kong, give advice to the Chief Executive as members of the Executive Council, and are accountable for their actions and policies to the Chief Executive and the Legislative Council. [2]

Under the "one country, two systems" constitutional principle, the Government is, in law, exclusively in charge of Hong Kong's internal affairs and specified external relations. The Government of the People's Republic of China (PRC), from which the Hong Kong government is financially independent, is responsible for Hong Kong SAR's defence and foreign policy, while decisions made by the Standing Committee of the National People's Congress can, in certain circumstances, override territorial judicial processes. The Hong Kong SAR government replaced the former British Hong Kong Government (1842–1997) in 1997. Despite gradually evolving, the general governmental structure was inherited from British Hong Kong.

On February 28, 2024, the Financial Secretary of Hong Kong, Paul Chan, announced the Special Administrative Region’s (SAR) government budget for the fiscal year 2024 to 2025 (“2024–25 Budget”). Under the 2024-25 budget, total government expenditure is set to rise by 6.7 percent to HK$776.9 billion (US$99.23 billion). [3]

Head of government

The Chief Executive is the head of the Region and head of government of Hong Kong. The Basic Law designates a system of governance led by a Chief Executive and an Executive Council, under the principles of separation of powers, [4] with a two-tiered system of semi-representative government and an independent judiciary. The Chief Executive is elected by an Election Committee, a 1500-member electoral college consisting of individuals and bodies (i.e. special interest groups) elected within 40 functional constituencies defined in the Basic Law. The winner is then appointed to the position by the Premier of the People's Republic of China. The Chief Executive is responsible for implementing the Basic Law, signing bills and budgets, promulgating laws, making decisions on government policies, and issuing Executive Orders. Then Chief Executive, Carrie Lam, began exercise of her unfettered residual powers of law-making by decree on 4 October 2019, under the Emergency Regulations Ordinance, Chapter 241 of the Laws of Hong Kong, bypassing the legislature. [5] [6]

As of 1 July 1997, the Chief Executive of Hong Kong officially replaced the Governor of Hong Kong as the head of the government for Hong Kong following the handover. The Chief Executive is assisted by the Chief Secretary for Administration and the Financial Secretary, and other secretaries who heads policy bureaus. The secretaries for each government affairs are appointed by the State Council of China on the nomination of the Chief Executive. The Secretary for Justice (SJ) is responsible for legal matters of the government and prosecution for criminal cases in the territory. The Independent Commission Against Corruption and Audit Commission report directly to the Chief Executive. The current Chief Executive is John Lee.

Executive

Executive Council

The Executive Council decides on matters of policy, the introduction of bills to the Legislative Council and the drafting of subordinate legislation. The Council consists of 21 principal officials and 16 non-official members. All members are appointed by the Chief Executive from among the senior officials of the executive authorities, members of the Legislative Council, and other influential public personnels. They serve for a period no longer than the expiry of the Chief Executive's term of office. [7]

Principal officials

In a system popularly called the Principal Officials Accountability System introduced by then Chief Executive Tung Chee Hwa in July 2002, all principal officials, including the Chief Secretary, Financial Secretary, Secretary for Justice, heads of government bureaux and the Director of the Chief Executive's Office would no longer be politically neutral career civil servants, but would all be political appointees chosen by the Chief Executive from within or outside the civil service. The system was portrayed as the key to solve previous administrative problems, notably the co-operation of high-ranking civil servants with the Chief Executive.

Under the new system, there are 3 Secretaries of department and 13 Directors of Bureaux. The system is aimed at raising the accountability of the civil service, so the political appointees are responsible for all their job aspects and will step down if they make any failure. All heads of bureaux became members of the Executive Council, and came directly under the Chief Executive instead of the Chief Secretary or the Financial Secretary.

Deputy ministers and political assistants

The government released a report on the Further Development of the Political Appointment System [8] on 17 October 2007. [9] Two new layers, deputy directors of Bureaux and Assistants to Directors (AD) would be added to the political appointments. Each Director of Bureau will be assisted by the two new appointees and constitute the political team, who would ostensibly work closely with bureau secretaries and top civil servants in implementing the Chief Executive's policy agenda in an executive-led government. As with the principal officials, these two new posts may be drawn from within or outside the civil service, and appointees may or may not have a political background. [10]

Eight new Under-secretaries were named on 20 May, and nine Political Assistant appointments were announced on 22 May 2008. By the administration's own admission, the announcements were poorly handled, and there was widespread criticism of several key aspects, namely the nationality and experience of appointees, the transparency of the recruitment process and the level of officials' salaries. [11]

Chief Secretary for Administration

The Chief Secretary for Administration is responsible for assisting the Chief Executive in the supervision of policy bureaux and plays a key role in ensuring harmony in policy formulation and implementation. The current Secretary is Chan Kwok-ki.

Financial Secretary

The Financial Secretary is responsible for preparing the Government Budget in accordance with the Chief Executive's agenda in the policy address, ensuring fiscal policies are in accordance to the Public Finance Ordinance. The secretary has to estimate of revenue and expenditure before the Legislative Council each year, and to deliver an annual budget to the Legislative Council, outlining the government's budgetary proposals and moving the appropriation bills. The current FS is Paul Chan Mo-po.

Secretary for Justice

The Secretary for Justice is responsible for prosecutions and legal matters and heads the Department of Justice. The current Secretary for Justice is Paul Lam.

Policy bureaux and departments

The hierarchical structure of the government secretariat and government departments in Chief Executive John Lee's administration since 1 July 2022 is as follows:

Government secretariat and departments, 2022–present
Government secretariatGovernment departments
Under the Chief Secretary
for Administration
Chief Secretary for Administration's Office
Civil Service Bureau
Constitutional and Mainland Affairs Bureau
Culture, Sports and Tourism Bureau
Education Bureau
  • Working Family and Student Financial Assistance Agency
Environment and Ecology Bureau
  • Environment Branch
  • Food Branch
Health Bureau
Home and Youth Affairs Bureau
Labour and Welfare Bureau
Security Bureau
Under the Financial
Secretary
Financial Secretary's Office
Commerce and Economic Development Bureau
Development Bureau
  • Planning and Lands Branch
  • Works Branch
Financial Services and the Treasury Bureau
  • Financial Services Branch
  • The Treasury Branch
Housing Bureau
Innovation, Technology and Industry Bureau
Transport and Logistics Bureau

Office of the Chief Executive

The Office of the Chief Executive is responsible for ensuring the Chief Executive receives the best advice and support for formulating and co-ordinating policies. It is headed by the Director of the Chief Executive's Office, who would sit in meetings of the Executive Council.

The Policy Innovation and Co-ordination Office, Independent Commission Against Corruption, Audit Commission, Office of the Ombudsman and Public Service Commission report to the Chief Executive directly.

Chief Secretary for Administration's Office

The Human Resources Planning and Poverty Co-ordination Office, Administration Wing and Legal Aid Department are under the Chief Secretary for Administration's Office.

Financial Secretary's Office

The Office of the Government Economist and the Hong Kong Monetary Authority are under the Financial Secretary's Office.

Department of Justice

The Department of Justice is led by the Secretary for Justice (Hong Kong) (Legal Department and Attorney General before the transfer of sovereignty). The Secretary for Justice (SJ) is responsible for all prosecutions in Hong Kong, drafting all government legislation, and advising other policy bureaux and departments of the government on a vast array of legal issues.

The department consists of the Prosecutions Division, the Civil Division, the Legal Policy Division, the Law Drafting Division, the International Law Division and the Administration and Development Division.

Policy Bureaux

The current fifteen policy bureaux is a result of the 2022 government reorganisation, which added, expanded, and re-titled several bureaux. Currently, nine bureaux reports to the Chief Secretary for Administration, and the other six reports to the Financial Secretary. The Chief Secretary for Administration is customarily considered to be the leader of the bureaux.

Departments and agencies

See also

Related Research Articles

<span class="mw-page-title-main">Politics of Hong Kong</span>

The politics of Hong Kong takes place in a framework of a political system dominated by its quasi-constitutional document, the Hong Kong Basic Law, its own legislature, the Chief Executive as the head of government and of the Special Administrative Region and of a politically constrained multi-party presidential system. The Government of the Hong Kong Special Administrative Region of the People's Republic of China is led by the Chief Executive, the head of government.

<span class="mw-page-title-main">Chief Executive of Hong Kong</span> Head of government of Hong Kong

The chief executiveof the Hong Kong Special Administrative Region is the representative of the Hong Kong Special Administrative Region and head of the Government of Hong Kong.

<span class="mw-page-title-main">Executive Council of Hong Kong</span> Cabinet of the Government of Hong Kong

The Executive Council of Hong Kong (ExCo) is the cabinet of the Government of Hong Kong, acting as a formal body of advisers to the Chief Executive of Hong Kong that serves as a core policy-making organ assisting the chief executive. It is analogous to other Executive Councils in the Commonwealth such as the Federal Executive Council of Australia, the Executive Council of New Zealand, and the Privy Council of the United Kingdom.

<span class="mw-page-title-main">Law of Hong Kong</span> Judicial system of the Hong Kong Special Administrative Region

The law of the Hong Kong Special Administrative Region has its foundation in the English common law system, inherited from being a former British colony and dependent territory. There are several sources of law, the primary ones being statutes enacted by the Legislative Council of Hong Kong and case law made by decisions of the courts of Hong Kong.

<span class="mw-page-title-main">Chief Secretary for Administration</span> Principal official of Hong Kong

The Chief Secretary for Administration is the most senior principal official of the Government of the Hong Kong Special Administrative Region. The Chief Secretary is head of the Government Secretariat which oversees the administration of the Region to which all other ministers belong, and is accountable for his or her policies and actions to the Chief Executive and to the Legislative Council. Under Article 53 of the Basic Law, the position is known as "Administrative Secretary". As the second highest ranking public official in Hong Kong, the Chief Secretary acts as Acting Chief Executive when the Chief Executive is absent.

<span class="mw-page-title-main">Financial Secretary (Hong Kong)</span>

The Financial Secretary is the title held by the Hong Kong government minister who is responsible for all economic and financial matters. The position is among the three most senior Principal Officials of the Government, second only to the Chief Secretary in the order of precedence. Together with other secretaries, the Financial Secretary is accountable to the Legislative Council and the Chief Executive for his actions in supervising the formulation and implementation of financial and economic policies.

<span class="mw-page-title-main">Secretary for Justice</span>

The Secretary for Justice is the head of the Hong Kong Department of Justice, the chief legal advisor to the Chief Executive of Hong Kong, and the chief law enforcement officer of the Government of Hong Kong. Before the transfer of sovereignty over Hong Kong in 1997, the position was known as the Attorney-General of Hong Kong.

<span class="mw-page-title-main">Principal Officials Accountability System</span> Hong Kong political system

In Hong Kong, the Principal Officials Accountability System (主要官員問責制) was introduced by inaugural chief executive Tung Chee Hwa in July 2002. It is a system whereby all principal officials, including the Chief Secretary, Financial Secretary, Secretary for Justice and head of government bureaux would no longer be politically neutral career civil servants. Instead, they would all be political appointees chosen by the chief executive.

<span class="mw-page-title-main">Home and Youth Affairs Bureau</span>

The Home and Youth Affairs Bureau is a policy bureau of the Hong Kong Government. The bureau has general responsibility over local administration, with a remit covering youth affairs, family planning, women's affairs, social development, fire safety, and matters related to the district councils. One of the important roles of the Home and Youth Affairs Bureau is to enhance liaison and communication with all sectors of the community including the Legislative Council and the general public. The Bureau was established on 1 July 1997 as the Home Affairs Bureau, succeeding the Home Affairs Branch of the colonial government secretariat. It was reorganized at the beginning of the Lee government in 2022 as the Home and Youth Affairs Bureau, with some of its functions transferred to the new Culture, Sports and Tourism Bureau. It has its headquarters in the West Wing of the Central Government Complex in Tamar.

<span class="mw-page-title-main">Principal officials of Hong Kong</span>

Principal officials, according to the Basic Law, are government officials who are nominated by the Chief Executive and appointed by the State Council of the People's Republic of China. They include departmental secretaries and secretaries of policy bureaux. Five other officials are also principal officials because of the importance of their positions.

<span class="mw-page-title-main">Government Secretariat</span>

The Government Secretariat is the collective administrative headquarters of the Government of Hong Kong. It is collectively formed by the offices of the Chief Secretary and of the Financial Secretary as well as thirteen policy bureaux.

The Government of the Macau Special Administrative Region, commonly known as the Macau Government, is the executive authorities of Macau. Formed on 20 December 1999 in accordance with the Sino-Portuguese Joint Declaration, it is headed by secretariats or commissioners and report directly to the chief executive. The affairs of the government are decided by secretaries, who are appointed by the chief executive and endorsed by the State Council of the Central People's Government in Beijing. As a special administrative region of China, Macau has a high degree of autonomy, in light of the "One Country, Two Systems" policy. The Macau Government, financially independent from the Central People's Government, oversees the affairs of Macau.

<span class="mw-page-title-main">Secretary for Health</span> Position in the Hong Kong Government

The Secretary for Health is a ministerial position in the Hong Kong Government, who heads the Health Bureau. The current office holder is Lo Chung-mau.

<span class="mw-page-title-main">Political Appointments System</span>

In Hong Kong, the Political Appointments System is a scheme introduced by then chief executive Donald Tsang in 2008 to reinforce the government's ministerial team by superseding the Principal Officials Accountability System and inserting two layers of politically appointed officials below the secretaries, who are political appointees. These appointees report only to the secretaries, but not the permanent secretaries, the highest-ranking civil servants. The appointment of undersecretaries and political assistants is an extension of the previous RPAS that was initially confined to principal officials. Prior to the introduction, there were 14 political appointees—3 Secretaries of Departments and 11 Directors of Bureaux.

<span class="mw-page-title-main">Second Tsang government</span>

The Second term of Donald Tsang as Chief Executive of Hong Kong, officially referred to as "The 3rd term Chief Executive of Hong Kong" relates to the period of governance of Hong Kong since the transfer of sovereignty over Hong Kong, between 1 July 2007 and 30 June 2012. Former civil-servant Donald Tsang was the Chief Executive throughout the duration.

<span class="mw-page-title-main">Constitutional and Mainland Affairs Bureau</span> Policy bureau of the Hong Kong Government

The Constitutional and Mainland Affairs Bureau is a ministerial-level policy bureaux of the Government of Hong Kong responsible for the implementation of the Basic Law, including electoral matters and promotion of equal opportunities and privacy protection. The bureau also functions as the intermediary between the HKSAR Government and the Central People's Government and other Mainland authorities under the principles of "One Country, Two Systems", including the coordination of liaison between the HKSAR Government and Central authorities, promoting regional co-operation initiatives between Hong Kong and the Mainland, and overseeing the operation of offices of the HKSAR Government on the Mainland.

<span class="mw-page-title-main">Deputy Financial Secretary</span>

Deputy Financial Secretary is a ministerial position in the Government of Hong Kong, deputising the Financial Secretary. The position was created in 2022 after John Lee took office as Chief Executive.

<span class="mw-page-title-main">Innovation, Technology and Industry Bureau</span>

Innovation, Technology and Industry Bureau (ITIB) is a policy bureau of the Government of Hong Kong. It is responsible for policy matters on the development of innovation and technology and information technology which are the key drivers in this endeavour. The Bureau is led by the Secretary for Innovation, Technology and Industry, currently Dong Sun.

<span class="mw-page-title-main">Transport and Logistics Bureau</span>

Transport and Logistics Bureau is a policy bureau for the Government of Hong Kong. It is responsible for the transport and logistics policy portfolios. The agency was established on 1 July 2022, when the housing portfolios of the former Transport and Housing Bureau was spun off to form the Housing Bureau. The current Secretary for Transport and Logistics is Lam Sai-hung.

References

  1. "Basic Law of Hong Kong – Chapter IV". basiclaw.gov.hk. Retrieved 16 June 2022.
  2. Article 68, Hong Kong Basic Law
  3. "Overview of the 2024-25 Hong Kong Budget". March 2024.
  4. Creery, Jennifer (1 September 2020). "No separation of powers in Hong Kong says Chief Exec. Carrie Lam, despite previous comments from top judges". Hong Kong Free Press HKFP. Retrieved 27 May 2022.
  5. Smith, Michael (5 October 2019). "Violence sweeps Hong Kong after face mask ban". Financial Review. Retrieved 6 October 2019.
  6. "Emergency Regulations Ordinance". Hong Kong e-Legislation.
  7. "GovHK: Government Structure" . Retrieved 25 October 2009.
  8. Report on Further Development of the Political Appointment System
  9. "Consultation Document on the Further Development of the Political Appointment System", Hong Kong Government, July 2006
  10. Michael Ng, "Attracting new political talent 'from all sectors'" Archived 22 May 2011 at the Wayback Machine , The Standard, 27 July 2006
  11. Ambrose Leung, "Tsang's assistant may face Legco censure", Pg A3, South China Morning Post , 17 June 2008