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The Executive Council
The Executive Council consists of five ex-officio
Members (the Commander British Forces, the Colonial Secretary, the Attorney General, the Secretary for Home Affairs and the Financial Secretary) and nine appointed members.
appointed Members, only one is an Official Member.
Of the nine
The
Executive Council, therefore, has an unofficial majority.
Moreover, there is no requirement for ex-officio or official
members to speak or vote in Council in accordance with official
policy and it is open to them to advise against proposals
which have official support. All members of Council,
including the ex-officio and official members, are under
oath to advise the Governor to the best of their own judgement
in the interests of Hong Kong.
The Executive Council can be summoned only by the
authority of the Governor, who normally presides at its
meetings. The Governor alone is entitled to submit questions
to the Executive Council for consideration. In determining
what matters should be referred to the Council, the Governor
is not obliged to comply with a request from any member
that any particular matter be so referred though, in the
event of his refusing such a request, both the request
and the terms of his refusal must be recorded in the
minutes of the Council.
But the Governor must consult the Executive
Council, which therefore can be said to have a constitutional
right to be consulted, in the execution of the powers and
authorities granted to him by the Letters Patent.
This,
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