CONFIDENTIAL
MEMBERS OF THE EXECUTIVE COUNCIL, 10 OTHER OFFICIALS AND 15 UN- OFFICIALS. THE OFFICIAL AND UNOFFICIAL MEMBERS ARE APPOINTED BY TH COVERNOR WITH THE CONSENT OF HMG. QUESTIONS BEFORE THE LEGISLATIVE COUNCIL ARE DECIDED BY A MAJORITY OF VOTES. THE GOVERNOR HAS BOTH AN ORIGINAL AND CASTING VOTE WHICH IN EFFECT MEANS THAT THERE IS AN OFFICIAL MAJORITY IN THE COUNCIL.
5. THE UNOFFICIAL MEMBERS OF BOTH COUNCILS FORM A COHERENT (THOUGH NOT CONSTITUTIONALLY RECOGNISED) BODY KNOWN AS THE UNOFFICIAL MEMBERS OF THE EXECUTIVE AND LEGISLATIVE COUNCILS (UMELCO), WHICH SEEKS TO REPRESENT HONG KONG PUBLIC OPINION. THE FUNCTIONS OF UMELCO ARE IN FACT MORE AKIN TO THOSE OF MINISTERS THAN BACK-BENCHERS, ALTHOUGH THE ANALOGY, CANNOT BE CARRIED TOO FAR. THEY WORK VERY CLOSELY WITH SENIOR OFFICIALS ON THE PREPARATION OF LEGISLATION AND IN A WIDE FIELD OF ADMINISTRATIVE ACTIVITY AND POLICY FORMATION. THEY ALSO HAVE AN QUOTE OMBUDSMAN UNQUOTE FUNCTION HAVING AN OFFICE TO DEAL WITH REPRESENTATIONS FROM THE PUBLIC.
6. CONSTITUTIONALLY, IT IS OPEN TO BOTH HMG AND THE GOVERNOR TO LEGISLATE FOR HONG KONG AGAINST THE WISHES OF THE UNOFFICIALS. HMG CAN BY-PASS THE HONG KONG GOVERNMENT COMPLETELY, BY LEGISLATING BY ORDER-IN-COUNCIL IN THE UNITED KINGDOM. THE GOVERNOR CAN OVER-RIDE THE VIEWS OF THE UNOFFICIALS BY ACTING CONTRARY TO THE ADVICE OF EXCO (PROVIDED HE INFORMS HMG) AND THEN BY USING HIS OFFICIAL MAJORITY IN LEGCO. HOWEVER, THERE HAVE BEEN NO RECENT PRECEDENTS FOR SUCH COURSES OF ACTION. THE LAST TIME THE COVERNOR OF HONG KONG ACTED. AGAINST THE ADVICE OF EXECUTIVE COUNCIL, IS BELIEVED TO HAVE BEEN IN . 1946 ON A TAXATION ISSUE AND EVEN IN THIS INSTANCE HE DID NOT HAVE TO USE HIS OFFICIAL MAJORITY IN THE LEGISLATIVE COUNCIL, FOR SEVERAL UNOFFICIAL MEMBERS CHANGED THEIR VIEWS BEFORE THIS STAGE WAS REACHED. HOWEVER, THE CIRCUMSTANCES EXISTING IN THE COLONY IN 1946 'WERE SO DIFFERENT FROM THOSE OF TODAY THAT THIS CAN HARDLY BE CON-
SIDERED A PRECEDENT.
7. ALTHOUGH THE GOVERNOR'S CONSTITUTIONAL POWERS ARE THEREFORE CONSIDERABLE, TN PRACTICE POLICIES ARE IMPLEMENTED AFTER A CONSENSUS HAS BEEN REACHED WITH THE UNOFFICIAL MEMBERS OF HIS LEGISLATIVE AND EXECUTIVE COUNCILS, WHERE THE VIEWS OF THE UNOFFICIALS ARE NOT IN ACCORD WITH THE VIEWS OF HMG, THE GOVERNOR'S POSITION BECOMES IN
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/PRACTICE