Overview of Law Making & Changing Process in Hong Kong

An Overview of the Statutory Law Making and Changing Process in Hong Kong

PROPOSALS FOR NEW LAW	Who proposes new law? Laws are proposed by members of the Executive Council (Ex Co) & the Chief Executive, or members of the LegCo, or other bodies, such as the Law Reform Commission
BILL	What is a Bill? A Bill is a draft version of a proposed Ordinance. A piece of Legislation starts off life by the following steps: a Green Paper, it then usually becomes a White Paper, and eventually it will become a Draft Bill to be proposed and debated in LegCo. A Draft Bill is sometimes sent to interested parties for their comments. Government may also issue a Consultation Document to the public for their comments. A Bill is published in the Gazette Legal Supplement No. 3. This is BLUE in colour.
FIRST READING	Where is a Bill first read? A Bill is first read in LegCo. The short title of the Bill is read out by the clerk, and a date is set for Second Reading. The reading of the Bill is recorded in Hansard (Proceedings of the LegCo). To know how to use Hansard, click here.
SECOND READING	What does the LegCo do in the Second Reading of a Bill? LegCo discusses the Bill. The Second Reading of the Bill is recorded in Hansard.
COMMITTEE	What is the Committee Stage for? Between the Second and the Third Reading, the Bill is generally discussed in Committee (either a select Committee or a Committee of the whole LegCo). The discussion is recorded in Hansard if discussed by the whole of LegCo.
THIRD READING	What does LegCo do during the Bill's Third Reading? LegCo votes on whether to make the Bill law. The Bill then becomes an ORDINANCE, pending the Chief Executive's Assent, if it receives a majority of votes in LegCo.
CHIEF EXECUTIVE'S ASSENT	Does the Legislation passed by LegCo become law automatically? No! The Legislation must receive the Chief Executive's Assent to become law.
ORDINANCE PUBLISHED	Where is an Ordinance first published? An Ordinance is first published in the Government Gazette Legal Supplement No.1 (L.S. No.1). Where will it also be published? It will also be published in the Loose-leaf Edition of the Laws of Hong Kong.
COMES INTO FORCE	*Does the law come into effect (into force) as soon as it is published?* No! Not always so. Some Ordinances do not come into force when published in Gazette. Some Ordinances come into force when published in Gazette. However in some Ordinances, some sections of the law may come into force much later than the others. What is the Commencement Date? The Commencement Date states the time when an Ordinance (or sections of an Ordinance) come into force. Where can you find the Commencement Date(s) of an Ordinance: You can find the Commencement Date in the Legal Supplement No.1 to the Gazette. If the Ordinance does not come into force on the date of its publication in the Gazette, you can find its Commencement Date(s) in the Legal Supplement No. 2 to the Gazette (L.S. No.2). L.S. No.2 contains LEGAL NOTICES, including the Commencement Notices.
AMENDED	How can an Ordinance or part of an Ordinance be amended? An Ordinance or part of an Ordinance can be amended by: Another Ordinance (in L.S. No.1), and/or Regulations (in L.S. No.2).
REPEALED	How does an Ordinance or part of an Ordinance be repealed? An Ordinance or part of an Ordinance can be repealed by another Ordinance, also known as a repealing ordinance.