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Promulgation

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Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval . In some jurisdictions , this additional step is necessary before the law can take effect.

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47-440: After a new law is approved, it is announced to the public through the publication of government gazettes and/or on official government websites . National laws of extraordinary importance to the public may be announced by the head of state or head of government on a national broadcast. Local laws are usually announced in local newspapers and published in bulletins or compendia of municipal regulations. Bills are enacted by

94-599: A bill is approved by the House of Representatives of Malta , it is presented to the President of Malta for his assent. According to constitutional obligation he shall without delay signify that he assents and hence promulgate the said bill into a parliamentary act. The parliamentary act is then published in the Malta Government Gazette , and thus comes into force . A law is approved by Congress, signed by

141-470: A pay freeze imposed in 2012, resulting in its increase to HK$ 4.61 million ($ 591,000). In July 2017, directors of bureaux (DoBs) were approved to have a 12.4% pay rise and the 3.5% pay differential between secretaries of departments (SoDs) and DoBs remained, indicating a new annual pay of approximately HK$ 5 million for the city's leading role because the Chief Executive received a salary of 112% of

188-400: A pay freeze imposed on the chief executive and senior civil servants in 2012, he was accused of granting himself a pay rise by stealth and going against the trend of top politicians taking pay cuts instead of pay increases. In July 2021, Carrie Lam refused to remove the legal immunity of the chief executive in anti-bribery legislation, stating that the officeholder has to be accountable to

235-529: Is John Lee selected as chief executive in the 2022 election , appointed by the Chinese State Council with the designation decree signed by Premier Li Keqiang on 30 May 2022 and took office on 1 July 2022. Lee is the fifth Chief Executive; each of his four predecessors are still living. According to article 44 of the Basic Law, the chief executive must be a Chinese citizen as defined by

282-558: Is an ancient provision in Latin Church canon law, dating in its plural form to the Latin formulation of the great 12th century codifier of canon law, Gratian : Leges instituuntur cum promulgantur ("Laws are instituted when they are promulgated"). The President of France promulgates law (he may ask Parliament to reconsider the law, but only once). The President of Germany has the duty to duly promulgate and issue laws, unless

329-516: Is not in session. They enable the Indian government to take immediate legislative action. Ordinances cease to operate either if Parliament does not approve of them within six weeks of reassembly, or if disapproving resolutions are passed by both Houses. It is also compulsory for a session of Parliament to be held within six months. All laws passed by the Oireachtas are promulgated by a notice in

376-458: Is provided to discharge promotional and protocol-related functions. Depending on police risk assessment, personal security protection is provided. Former Chief Executives also enjoy medical and dental care. Former Chief Executives hold the title "The Honourable", and ranks third in the Hong Kong order of precedence . Remuneration for the chief executive of Hong Kong is among the highest in

423-475: Is published in Acta Apostolicae Sedis , and by default has the force of law three months after promulgation. Laws issued by bishops and particular councils are promulgated in various ways but by default take effect one month after promulgation. According to canon 7 of the 1983 Code of Canon Law , Lex instituitur cum promulgatur ("A law is instituted when it is promulgated"). This

470-598: The Iris Oifigiúil published by the President of Ireland , as required by the Constitution of Ireland . By ancient custom an Act of Tynwald , the legislature of the island, did not come into force until it had been "promulgated" at an open-air sitting of Tynwald , usually held on Tynwald Hill at St John's on St John's Day (24 June) but since the adoption of the Gregorian calendar in 1753 on 5 July (or on

517-609: The Basic Law . The Election Committee is responsible for the nomination of chief executive candidates and election of the chief executive-elect. Under the 2021 Hong Kong electoral changes initiated by the National People's Congress , each candidate running for chief executive elections is to be nominated by at least 188 members of the Election Committee , before their eligibility is reviewed and confirmed by

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564-629: The Chief Secretary . The new salary of Chief Executive of Hong Kong is about thirty-nine times more than the annual salary of President of China . Since the chief executive is directly appointed by the Central People's Government of China after an election by a committee of 1,500 people selected by the Chinese Government, rather than the general population, many people, in particular the pro-democrats , have criticised

611-604: The Chief Secretary for Administration , the most senior official and head of the Government Secretariat , in charge of overseeing the administration of the Government. The Chief Executive holds the title " The Honourable ", and ranks first in the Hong Kong order of precedence . The official residence of the chief executive is Government House in Central , Hong Kong Island . The current chief executive

658-748: The Diet . The Emperor cannot refuse to promulgate a law. Promulgation is performed by the President. Article 34 of the constitution of Luxembourg requires the grand duke or duchess to promulgate a new law for it to take effect. Bills have to approved by the Legislative Assembly, signed and promulgated by the Chief Executive . They must be published in the Official Gazette Boletim Oficial . When

705-688: The Election Committee without first obtaining nominations from one eighth of its total members. The specific method for selecting the chief executive is prescribed in Annex I of the Basic Law. The Election Committee shall be composed of 1500 members from the following sectors pursuant to the amended Annex I under the 2021 Hong Kong electoral changes initiated by the National People's Congress . The Election Committee consists of individuals (i.e. private citizens) and representatives of bodies (i.e. special interest groups or corporate bodies) selected or elected by 40 prescribed sub-sectors as stipulated in Annex I to

752-820: The Election Committee , with nomination by at least 15 members of each sector of the Election Committee. Candidacy is confirmed upon review and confirmation of eligibility by the Candidate Qualification Review Committee, according to opinions issued by the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region on the basis of a review by the National Security Department of

799-551: The Government ) have to be promulgated by the President of Portugal to take effect. The promulgation is the act by which the President solemnly testifies the existence of a rule of law and intimates its observation. The President may however decide not to promulgate the bill and to veto it with a political or legal justification. After the promulgation, the statutes are published in the Diário da República (official journal), with

846-959: The Government of Canada are promulgated in the Canada Gazette (French: Gazette du Canada ). The Canada Gazette consists of three parts that are published separately. Part 1 promulgates public notices, official appointments and proposed regulations; Part 2 promulgates regulations; and Part 3 promulgates Acts of Parliament. Each province and territory has its own publication in which their laws, regulations, and other statutory instruments are promulgated. Jus novum ( c.  1140 -1563) Jus novissimum ( c.  1563 -1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of

893-635: The Hong Kong Police Force on whether a candidate meets the legal requirements and conditions of upholding the Basic Law and swearing allegiance to the HKSAR of the People's Republic of China . The Chief Executive-designate is then returned by the Election Committee with an absolute majority in a two-round system: the chief executive-designate is to be returned with an absolutely majority (>750 valid votes) 1. more than 2 candidates obtain

940-747: The Legislative Council , and bestowing honours . The Basic Law grants the chief executive a wide range of powers, but obliges him or her, before making important policy decisions, introducing bills to the Legislative Council, making subsidiary legislation, and dissolving the Legislative Council, to act only after consultation with the Executive Council (all of whose members are the CE's own appointees). The executive council consists of official and non-official members, including

987-447: The Legislative Council , deciding on government policies, advising appointment and dismissal of principal officials of the Government of Hong Kong to the Central People's Government of China , appointing judges and holders of certain public offices and to pardon or commute sentences. The position is also responsible for the policy address made to the public. The chief executive's powers and functions are established by article 48 of

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1034-862: The President of Armenia and published in the Official Gazette of the Republic of Armenia . Statutes are promulgated by the King of the Belgians and published in the Belgian Official Journal . Decrees and Ordinances are promulgated by the different Regional and Community governments and published in the Belgian Official Journal. Canadian federal Acts of Parliament, orders in council, proclamations, public notices, official appointments and proposed regulations from

1081-563: The President of the Republic and published in the official gazette Magyar Közlöny . If at any time the Indian Parliament is not in session, the President of India on the recommendation of the Union Cabinet may promulgate an ordinance , which will have the same effect as an Act of Parliament . However, such ordinance will be presented before the parliament for final approval. They can only be issued when Parliament

1128-512: The chief secretary for administration , the financial secretary or the secretary for justice , by rotation, in that order, as acting chief executive. In case the position becomes vacant, a new chief executive would have to be selected. Prior to the handover in 1997 , the office of the chief executive-designate was at the seventh floor of the Asia Pacific Finance Tower. When Tung Chee-hwa assumed duty on 1 July 1997,

1175-468: The first selection of the chief executive, the committee consisted of only 400 members. It was expanded to 800 for the second term . As a result of enabling legislation stemming from a public consultation in 2010 , and its approval by the National People's Congress Standing Committee in Beijing, the number of representatives was increased from 800 to 1200. Following the electoral reform initiated by

1222-691: The handover of Hong Kong from the United Kingdom to the People's Republic of China . The chief executive is head of the executive branch of the Hong Kong government. The functions of the chief executive include nominating principal officials for appointment by the State Council of China , which is headed by the premier , conducting foreign relations , appointing judges and other public officers, giving consent to legislation passed by

1269-419: The Basic Law. The Executive Council of Hong Kong is an organ for assisting the chief executive in policy-making. The council is consulted before making important policy decisions, introducing bills to the Legislative Council, making subordinate legislation or dissolving the Legislative Council. Article 52 of the Basic Law stipulates that the Chief Executive must resign when: The Legislative Council has

1316-540: The Candidate Eligibility Review Committee of the HKSAR. The chief executive-designate is then returned by the Election Committee with an absolute majority. The Election Committee is now principally elected by body voters. The number of subsectors with individual votes were significantly reduced, together with elimination of mixed individual and body voting: Chief Executive candidates must receive nominations by at least 188 members of

1363-518: The Chinese government in 2021 to increase mainland-Chinese controls on Hong Kong, the number of representatives was increased to 1500 but most are appointed or ex-officio seats. According to article 46 the term of office of the chief executive is five years with a maximum of two consecutive terms. If a vacancy occurs mid-term, the new Chief Executive's first term is for the remainder of the previous Chief Executive's term only. The method of selecting

1410-520: The HKSAR Passports Ordinance. The individual must be at least 40 years old, a Hong Kong permanent resident who is a Chinese citizen with right of abode in Hong Kong , and has ordinarily resided in Hong Kong for a continuous period of not less than 20 years. Article 47 further requires that the chief executive be a person of integrity, dedicated to his or her duties. In addition, candidates are ineligible to stand for selection by

1457-716: The Hong Kong Special Administrative Region is the representative of the Hong Kong Special Administrative Region and head of the Government of Hong Kong . The position was created to replace the office of Governor of Hong Kong , the representative of the Monarch of the United Kingdom during British colonial rule . The office, as stipulated by the Hong Kong Basic Law , formally came into being on 1 July 1997 with

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1504-720: The President and published in the DOF. Laws have to be promulgated by the President of the Republic in the Dziennik Ustaw journal. The President may refer to the Constitutional Tribunal ; if he has not made reference, he may refer the bill to the Sejm ( veto ) for further reconsideration. The bill shall then be promulgated. The laws (statutes issued by the Parliament ) and the decree-laws (statutes issued by

1551-481: The President deems them "evidently unconstitutional ". The question to what degree they must be convinced of the constitutional violation to deny promulgation is hotly debated. Bills have to be signed and promulgated by the Chief Executive , and be announced by the government in the gazette . Legislative proposals adopted by the National Assembly obtain the force of law only after they are signed by

1598-640: The President, and published in the Official Diary of the Federation ( Spanish : Diario Oficial de la Federación ), or DOF. Each law in its Transitional Articles ( Transitorios ) states when the Law takes effect ( entra en vigor ) and, when applicable, what law it cancels and replaces. Regulations are prepared by the Executive branch in order to establish the administration of the Law. They are signed by

1645-498: The chief executive is provided under Article 45 and Annex I of the Basic Law, and the Chief Executive Election Ordinance. Under the Basic Law the chief executive is the chief representative of the people of Hong Kong and is the head of the government of Hong Kong. The Chief Executive's powers and functions include leading the government, implementing the law, signing bills and budgets passed by

1692-539: The faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life A canonical law issued by the Pope (or with his consent in the case of laws issued by an ecumenical council or congregation ) is promulgated when it

1739-700: The following Monday if 5 July is a Saturday or Sunday). Promulgation originally consisted of the reading of the Act in English and Manx , but after 1865 the reading of the title of the Act and a summary of each section were sufficient. This was reduced in 1895 to the titles and a memorandum of the object and purport of the Act, and since 1988 only the short title and a summary of the long title have been read. An emergency procedure enabling an Act to come into force on royal assent being announced at an ordinary sitting of Tynwald , subject to its being promulgated within 12 months,

1786-901: The government or a private party, is usually considered sufficient to comply with legal requirements for public notice. Gazettes are published either in print, electronically or both. In some jurisdictions, privately owned newspapers may also register with the public authorities in order to publish public and legal notices. Likewise, a private newspaper may be designated by the courts for publication of legal notices. These are referred to as "legally adjudicated newspapers". Chief Executive of Hong Kong High Court District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations The chief executive of

1833-428: The highest and the same no. of votes; or 2. no candidates win an absolute majority Then: The chief executive-designate must publicly disaffiliate with a political party within seven days of the election and must not become a member of a party during their term of office. The chief executive-designate is then appointed by the Central People's Government of the People's Republic of China before taking office. In

1880-590: The laws needing a Government referendum before. Bills have to be promulgated by the President and afterwards published in the official gazette, Monitorul Oficial . Article 91 of the Spanish Constitution establishes that bills, upon being passed by the Cortes Generales , must be sanctioned (i.e., given royal assent ) by the King of Spain within two weeks of their passing. The King will then promulgate and immediately publish them in

1927-693: The office as undemocratic , and have criticised the entire election process as a "small-circle election." Former chief executive Tung Chee-hwa has even stated that the election's result is a non-binding one, saying that the Chinese government would refuse to appoint the winning candidate if that person was unacceptable to them. Many events , including the Five Constituencies Referendum in 2010, Umbrella Revolution in 2014 and Anti-Extradition Movement during 2019–20, have attempted to push for greater democracy and universal suffrage . In January 2015, when Leung Chun-Ying reversed

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1974-790: The office of the chief executive moved to the low block of the new Central Government Complex in Tamar . Government House continues to serve as the official residence of the Chief Executive. Upon retirement, former Chief Executives have access to office space at the Office of Former Chief Executives, 28 Kennedy Road . The office provides administrative support to former Chief Executives to perform promotional, protocol-related, or any other activities in relation to their former official role. The activities include receiving visiting dignitaries and delegations, giving local and overseas media interviews, and taking part in speaking engagements. A chauffeur-driven car

2021-613: The office of the chief executive was located at the fifth floor of the Former Central Government Offices (Main Wing). In the past the governor had his office at Government House . Tung did not use Government House as the primary residence because he lived at his own residence at Grenville House . Donald Tsang decided to return to the renovated Government House during his first term , and moved in on 12 January 2006, for both his office and residence. In 2011,

2068-496: The official gazette, the Boletín Oficial del Estado . Government gazette A government gazette (also known as an official gazette , official journal , official newspaper , official monitor or official bulletin ) is a periodical publication that has been authorised to publish public or legal notices. It is usually established by statute or official action, and publication of notices within it, whether by

2115-416: The power to propose a motion of impeachment of the chief executive for decision by the Central People's Government of China , with the following steps as stipulated in article 73(9) of the Basic Law : The acting and succession line is spelled out in article 53. If the chief executive is not able to discharge his or her duties for short periods (such as during overseas visits), the duties would be assumed by

2162-453: The world for a political leader , and only second to that of the prime minister of Singapore . The pay level took a cue from the handsome amounts paid to the city's colonial governors – worth $ 273,000 per annum plus perks in 1992. In 2005, Tung Chee Hwa received some HK$ 3 million ($ 378,500) in pay as Chief Executive. From 2009 until the end of 2014, the salary for the job stood at HK$ 4.22 million. In January 2015, Leung Chun-Ying reversed

2209-598: Was introduced in 1916; since 1976 this has been the 'default' procedure, and since 1988 an Act ceases to have effect unless promulgated within 18 months after royal assent is announced in Tynwald. The President of the Republic promulgates law. The President remands a law to the Chambers of Parliament, with an explanation, and asks for reconsideration—but must promulgate the law if it is re-approved without modification. The Emperor of Japan promulgates laws passed by

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