Study On The Competence Of The President Of The HongKong Legislative Council

In recent years,the operation of the HongKong Legislative Council has many problems,filibuster is so bad that performs legislative council's functions.The president of the legislative council plays an important role in the operation of the legislative council.The purpose of this paper is to investigate and analyze the competence of the president of the legislative council,and come up withe some suggestions on how to improve the present situation of the legislative council.This paper consists of the following parts: The first part,the origin of the president of HongKong Legislative Council and connotation of competence.In this part,the author expounds the connotation of the competence of the president of legislative council,it means the power and limits of the president of legislative council;also the author reviews the historical origins of the president of legislative council,introduces the evolution of the role of the president of legislative council from British Colonial period to HongKong return to China.The second chapter is the legal competence and practice of the president of the legislative council.In this part,the author arranged the legal competence of the president of legislative council in The Basic Law,Legislative Council(Power and Privileges)Ordinance and Rules of Procedure of The Legislative Council;Through the analysis of president's rulings,the author concludes the procedure,content,standard and characteristics of the president's rulings.The third part,the analysis of the competence of the president of legislative council.After comparing the legal competence and the actual competence of the president of the legislative council,found that the actual competence is the interpretation and expansion of the legal competence.The reasons for the differences between actual competence and the legal competence are as follows: the defects of the Rules of Procedure of The Legislative Council,the application of the doctrine of precedent,the differences of legal interpretation methods and the trend of power expansion of the legislative council.The fourth part,the regulation of the president of the legislative council.The author came up with the principle of the regulation of the competence ofthe president of the legislative council,including compliance with the function of the legislative council,safeguard the rights of the members of the legislative council,stand to fair and reasonable procedure and maintain the relations between the legislation council and the SAR government.The author make some suggestions on the regulation of the competence of the president of the legislative council,including specific recommendations on president's rulings,the president should fully understand the Rules of Procedure of The Legislative Council,the application of the provisions of the urgent importance of the public should be unified and relaxed,the use of the provisions relating to the operation of the government and the financial problems should be more restrained to avoid conflicts between the government an the legislature.The author also come up with some recommendations on amend the Rules of Procedure of The Legislative Council,reference to the experience of the overseas parliament,the president should have the right to choose the motion and the amendment.Finally,looking forward to the future operation of the HongKong Legislative Council,hoping the regulation of the competence of the president of the HongKong Legislative Council could make the legislative council out of the predicament.