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in practice, means that he must consult Council on all
important matters of policy. However, he is not obliged
to consult it on matters which are of such immediate urgency
as to preclude prior consultation (in which event the Governor
must inform the Council, as soon as practicable, of the measures
adopted and the reasons for them); if, in his opinion, the
interests of Hong Kong would be materially prejudiced by
such consultation; in respect of the appointment, disciplinary
control, or removal from office of a public officer; and on
matters which are too unimportant to require the advice of
the Council.
Although the Executive Council is constitutionally
entitled to be consulted, the Governor is entitled to act
in opposition to its advice. The Council thus has no
collective responsibility and this is one of the essential
differences between it and a cabinet. The Executive Council
is therefore primarily an advisory rather than an executive
council. However, if the Governor acts in opposition to the
advice of Council, he is required to report the matter to the
Secretary of State at the first convenient opportunity. In
such an event, any member of Council is entitled to have the
grounds of his advice or opinion recorded in the minutes
of the Council.
In addition to the constitutional powers conferred
by the Letters Patent, numerous powers of an administrative
and legislative nature have been conferred upon the Governor
in Council i.e. upon the Governor acting after consultation
with the Executive Council. Perhaps the most important is
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