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BACKGROUND NOTE
THE CONSTITUTIONAL STATUS OF HONG KONG
In accordance with the powers vested in him by the Letters Patent and Royal Instructions, the Governor administers the Colony assisted by an Executive Council and a Legislative Council.
The Executive Council consists of 5 ex-Officio, 1 Official and 8 Nominated Unofficial Members. The Governor is required to consult the Executive Council save where matters are unimportant or too urgent. He may act contrary to the advice given by the Council but any such cases must be reported to the Secretary of State.
The Legislative Council consists of 4 ex-Officio, 10 Official and 15 Unofficial Members (all nominated). The Governor, as President of the Council, has an original and a casting vote.
Names of Members of ExCo and LegCo appear in the attached Personalities List.
The power to legislate rests with the Governor "by and with the advice and consent of the Legislative Council". The Crown however reserves the power of disallowance and the power to legislate by Order in Council for the peace, order and good government of the Colony.
NEW TERRITORIES LEASE
The historical position is that in 1841 by the Treaty of Nanking Hong Kong Island was ceded to Britain in perpetuity, and in 1860 by the Convention of Peking the Kowloon Peninsula was likewise ceded. The remainder and by far the greatest land area - of the present territory of the Colony of Hong Kong was leased to Britain for 99 years by the second Convention of Peking in 1898. This is the area known as the New Territories. The lease on the New Territories therefore expires in 1997. This is however looking a very long way ahead and it is simply not possible for anyone to predict what the circumstances in Hong Kong will be at such a distance in the future. The Chinese position is that Hong Kong will revert to China when the time is ripe.
They have recently given assurances that this will not
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