1997-1998 жылдардағы Гонконгтың Аралық Заң шығару Кеңесі

Hong Kong legislature

The Provisional Legislative Council (PLC) was the interim legislature of Hong Kong that operated from 1997 to 1998. The legislature was founded in Guangzhou and sat in Shenzhen from 1996 (with offices in Hong Kong) until the handover in 1997 and moved to Hong Kong to serve as the temporary replacement of the Legislative Council of Hong Kong. It was established by the Preparatory Committee for the Hong Kong Special Administrative Region by resolution at its Second Plenary Session on 24 March 1996. The 60 members of the PLC were elected on 21 December 1996 by the 400 member Selection Committee for the First Government of the HKSAR, which also elected the first Chief Executive. The official start date for this council was on 25 January 1997.

The president of the PLC was Rita Fan, who later led the legislative council following the handover.

The only officer found in the records was for the Clerk, Pauline Ng Man Wah. Immediately after the Provisional Legislative Council was disbanded, she became the clerk of the Legislative Council of Hong Kong. She retired from this position on 28 August 2012.

The legislative functions of the PLC are described by the Preparatory Committee in 1996.

The PLC is neither referred to in the Basic Law nor the Joint Declaration as their drafters assumed the last colonial legislative session would automatically become the Special Administrative Region's first legislature. The legality of the PLC was challenged in the case HKSAR v Ma Wai Kwan decided by the Court of Appeal on 29 July 1997. The defendants argued that the PLC was unlawful because it did not satisfy the Basic Law's definition of Hong Kong's legislature in Annex II. The court reasoned that since Article 19 of the Basic Law did not expand its judicial powers and that it had no power to review the validity of a sovereign act under colonial rule, it did not hold such power after the handover. Since China has a written constitution and that the Basic Law describes the relationship between Hong Kong and the central government unlike the colonial Letters Patent and the Royal Instructions, Chan questioned whether parliamentary supremacy still fully applies in Hong Kong after 1997. >