CONFIDENTIAL
AT
3. THE GOVERNOR IS ADVISED BY AN EXECUTIVE COUNCIL OF 14 MEMBERS, COMPRISING 5 EX OFFICIO MEMBERS AND 9 OTHERS, WHO MAY BE OFFICIAL (1.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 5 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 PERSONAL 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.
4. 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 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.
5. 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.
6. 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. THE 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.
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/7. ALTHOUGH THE