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,[3] 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. The 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.[4][5]
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.[6]
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.
The government released a report on the Further Development of the Political Appointment System[7] on 17 October 2007.[8] 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.[9]
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.[10]
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.
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.
The Secretary for Justice is responsible for prosecutions and legal matters and heads the Department of Justice. The current Secretary for Justice is Teresa Cheng.
Policy bureaux (ministries) and government 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
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 Human Resources Planning and Poverty Co-ordination Office, Administration Wing and Legal Aid Department are under the Chief Secretary for Administration's Office.
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.