THE CONSTITUTIONAL POSITION OF THE GOVERNOR OF HONG KONG
Hong Kong is a Crown Colony and the Secretary of State for Foreign and Commonwealth Affairs is responsible to Parliament for the Government there. The Colony's Constitution is contained in Letters Patent and Royal Instructions issued to the Governor of Hong Kong.
The Governor is both the representative of, and responsible to, the Crown, whose views are conveyed through the Secretary of State. The Governor is the supreme authority within the Colony. Among the powers conferred on him by the Constitution is the power to make laws (called Ordinances) for the "peace, order and good government of the Colony". However, the Letters Patent formally reserve to the Crown the power of disallowance of any Ordinance enacted in Hong Kong and the power to legislate for the Colony by prerogative Order-in-Council. Furthermore, the United Kingdom Parliament has power to legislate for Hong Kong by Act of Parliament.
At
The Governor is advised by an Executive Council of 14 Members, comprising 5 ex-officio Members and 9 others, who may be Official (i.e. members of the Hong Kong Public Service) or Unofficial. present there are 8 Unofficial Members of this Council: they are appointed by the Governor on the instructions of the Secretary of State for terms of up to five years. In the exercise of the powers conferred on him by the Letters Patent, the Governor is required to consult the Executive Council, except on matters too unimportant or too urgent for their advice to be obtained and on certain personnel matters. He may act against the advice given by Executive Council, but if he does so he is required to report his reasons to the Secretary of State.
The Governor legislates with the advice and consent of a Legislative Council of 29 Members, comprising 4 of the ex-officio Members of the Executive Council, 10 other Officials and
15 Unofficials. All except the ex-officio Members are appointed by
1.
/the Governor