Enhancing Democratic Participation Project 2003 Published by Civic Exchange - March 2003
Accountability and Open Government Part 1: The Basics
There are four types of accountability mentioned in the Basic Law: Legal accountability
What is political accountability? Political accountability occurs when public office holders take responsibility for the consequences of their actions or inaction. This may include stepping down if their failures are regarded as sufficiently serious.
• The Chief Executive (CE) is accountable to the Central People’s Government (CPG) in China and the HKSAR. • The HKSAR Government must abide by law and be accountable to the legislature (LegCo). Administrative accountability
In a parliamentary democracy, a vote of no confidence in the government by the legislature will result in an election for a new government. A ruling government can call an early election to confirm it still has the people’s confidence. In all democratic systems, top officials face the electorate periodically and are guided by this prospect. How does it relate to open government? Public office holders can only exercise authority legitimately if they do so in accordance with principles, rules and procedures endorsed by or acceptable to society at large. This requires an open government system, under which governments must provide information and explanations for decisions in order to facilitate public scrutiny. Thus, in addition to elections, giving the public the legal right to access government information is one way to promote open government and greater accountability. In protecting national security, the way in which “state secrets” are defined can help or hinder open government. Part 2: Accountability in Hong Kong Hong Kong is not a democracy. Hong Kong people do not elect the HKSAR Government. However, the political system does include various accountability provisions.
• The CE is subordinate to and therefore accountable to the Premier of China’s State Council, the highest executive organ. • Principal Officials are accountable to the CE for the outcomes of the policies developed by their Bureaux. • Civil servants are accountable to the CE for policy implementation and good administration. Deliberative accountability • The CE, Principal Officials and civil servants are accountable to LegCo to provide information and explain government decisions. Political accountability • LegCo’s vote is needed to approve taxation, public spending and legislation. • LegCo can pass a motion of no confidence although it does not necessarily lead to ministerial resignation. • The CE must resign if LegCo rejects the Budget or a major bill twice. Part 3: Formation of Government and the Legislature 1. How was the HKSAR Government formed?
The HKSAR Government is made up of the HKSAR’s “executive authorities,” including the CE, the key governing institutions and the appointed Principal Officials. A Selection Committee of 400 members selected the CE in 1996 through a process supervised by the Chinese Government. The CE was formally appointed by the CPG and assumed office on 1 July 1997 for a 5-year term. As the incumbent was the sole candidate for selection in 2002, there was no need for selection by an expanded 800-member Election Committee (EC) to take place. EC members are indirectly elected by approximately 200,000 voters from various sectors as well as people who hold specific posts, such as LegCo members and local National People’s Congress (NPC) deputies. The CE was reappointed by the CPG on 1 July 2002 and subsequently appointed a group of new officials to head government Bueaux and policy Departments and serve as his Principal Officials. 2. What about the Legislative Council? The Basic Law does not consider LegCo a part of the HKSAR Government. LegCo is a watchdog of the executive authorities. The 60 members are returned by three types of elections: • 24 members – geographically based direct elections • 30 members – functionally based elections with a total base of about 200,000 voters (substantial overlap with the EC) • 6 members – elected by the 800-member EC mentioned above. Part 4: Issues for Discussion • To whom is the HKSAR Government
accountable? • Is the CE sufficiently accountable under the current system? • Are the Principal Officials sufficiently accountable? • Do you think the degree of accountability of Hong Kong’s political system is sufficient? • Do you think the present system needs to be changed and if so, why? • How can open government be further promoted in Hong Kong?
Enhancing Democratic Participation Project 2003 The pamphlet is written and produced as a part of Civic Exchange’s Enhancing Democratic Participation Project 2003. We have invited scholars and experts to help frame some key issues relating to Hong Kong’s democratic development. These papers and pamphlets can be used to enrich community deliberation. A commissioned survey will also be carried out and results published.
We encourage people to organise their own gatherings to discuss issues relating to democratic development. By way of assistance, modest funding may be available. We also link groups to professional facilitators who may be able to help design and manage gatherings in a democratic way. We hope this Project helps people to think about and practise democracy.
Civic Exchange will record the entire process and publish a final report to share observations gained from the Project before the end of 2003. For further information call Ms. Yip Yan Yan at 2893-0213 or email yyip@civic-exchange.org An electronic version of all the papers and pamphlets can be found at www.civic-exchange.org