the Governor on the instructions of the Secretary of State. questions before the Legislative Council are decided by a majority of votes. The Governor has both an original and a casting vote which in theory means that there is an Official majority in the Council.
The Unofficial Members of both Councils form a coherent (although not constitutionally recognised) body known as the Unofficial Members of Executive and Legislative Councils (UMELCO) which seeks to represent Hong Kong public opinion. They work very closely with senior officials on the preparation of legislation, in the formation of policy and in a wide field of administrative activity. They also have an "Ombudsman" function with an office
at which representations from members of the public are dealt with.
The
Constitutionally, it is open to The Queen (by Order-in- Council) and the United Kingdom Parliament (by Act of Parliament) to legislate for Hong Kong against the wishes of Unofficials. Governor can override the views of Unofficials by acting contrary to the advice of Executive Council and then by using his Official majority in Legislative Council. There have been no recent precedents for the use of the Official majority in Legislative Council.
Although the Governor is the supreme authority, in practice major policies are implemented after a consensus has been reached
with UMELCO. If the views of Unofficials are not in accordance with
those of the Secretary of State, the Governor's position becomes a difficult one. On the one hand he is the representative of the Crown in Hong Kong, on the other, he must take account of public opinion. It is recognised practice that in such circumstances the Governor acts as an intermediary between the Secretary of State and Hong Kong, representing the Hong Kong view to the Secretary of State. This is not at variance with his ultimate constitutional
responsibility to govern in accordance with the instructions of the Secretary of State provided that such instructions do not involve a breach of the law (including Hong Kong Crdinances).
Hong Kong & Indian Ocean Department
Foreign & Commonwealth Office
7 November 1975
2.