Law of the Hong Kong Constitution - Executive Government

70 Pages Posted: 22 Oct 2012 Last revised: 25 Oct 2012

See all articles by Richard Cullen

Richard Cullen

The University of Hong Kong - Faculty of Law

Xiaonan Yang

University of Hong Kong

Christine Loh

affiliation not provided to SSRN

Date Written: October 22, 2012

Abstract

This chapter provides an overview of: the Central Institutions (CIs) of the Executive Government of the Hong Kong Special Administrative Region (HKSAR); and the Principal Supervisory Bodies (PSBs) of the Executive Government of the HKSAR (not including the Judiciary). The chapter places this discussion within the context of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Basic Law) and certain other relevant Hong Kong Ordinances. The CIs primarily discussed here are the Principal Officials (of the Executive Government) and the HKSAR Civil Service. The Principal Officials, together with the Chief Executive (CE) comprise the Executive Authorities in Hong Kong. (The CE is discussed in a separate chapter.) The Basic Law stipulates that 'the Government of the HKSAR shall be the Executive Authorities of the Region.' The PSBs that we consider are: the Independent Commission Against Corruption (ICAC); the Ombudsman; the Audit Commission; and other commission(er)s, such as the Equal Opportunity Commission (EOC), the Privacy Commissioner for Personal Data (PCPD) and the Commissioner on Interception of Communications and Surveillance (CIOCS). Because we are concerned here with the structures and functions of the Executive Government, as such, our main focus with respect to the PSBs is to review the interaction between the PSBs and the CIs. The PSBs discussed in this chapter also interact significantly with the private sector. This interaction is only discussed in this chapter in a peripheral way. The private sector–PSB interaction (including the role of the Police Force within the HKSAR) is dealt with, in context, in other chapters of this book.

Suggested Citation

Cullen, Richard and Yang, Xiaonan and Loh, Christine, Law of the Hong Kong Constitution - Executive Government (October 22, 2012). Available at SSRN: https://ssrn.com/abstract=2165165 or http://dx.doi.org/10.2139/ssrn.2165165

Richard Cullen (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

Xiaonan Yang

University of Hong Kong ( email )

Pokfulam Road
Hong Kong, Pokfulam HK
China

Christine Loh

affiliation not provided to SSRN ( email )

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