Registry No.

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

BACKGROUND

DRAFT PAPER FOR THE DEASC Type 1 +

To:-

FROM

R B Janvrin

Telephone No. Ext.

Restricted.

Unclassified.

PRIVACY MARKING

Department

HKIOD

THE HONGKONG CONSTITUTIONAL POSITION OF THE GOVERNOR OF HONG KONG

In Confidence

1.

Hory Kay i a Coin Clay and

to the Governor of A Hong Kong S

on matters

the Secretary of State for Foreign and Commonwealth Affairs is irectly responsible

Stre to Parliament for the government of tiong Kong.

Colony's

LetLis The Constitution is contained in the Patent and Royal Instructions which lay gút in some getail

Governor the formal position and powers of the government. 2. Under the Constitution the Governor has wide powers. These include the appointment of judges and other public officers, the disposal of lands, the granting of pardons and, most importan yet all, the power to make laws (called ordinances in Hong Kong) for the "peace, order and good government of the colony!! However, the Crown réserves the power of disallowance in respect of all ordinances enacted in Hong Kong and also the power to legislate in the colony by Orders-in-Council where this may be considered necessary.

5.

formally тому

The Governor is advised by an Executive Council (known as EXCO) of 14 members comprising of 5 ex officio members and 9 others who may be either official (ie member of the Hong Kong Government) or unofficial. At present, there are 8 unofficial

The members of Camil

they are appointed by the Governor with the consent of MG for terms of 5 years. The

Governor is contitutionally required to consult the Executive Council except Forte too unimportant

or too urgent to obtain their advice and in certain lutam plisonli instances relating to personnel appointment or

against

MEALS.

m

disciplinary con pol. He may act in opposition to

the Excentive Card theadvice given by but if he does, he asht i

C

requal to report the grounds and reasons for his action to

HMG.

7448 D073840 200M 8/74 Cr.P.C. 839/3

NOTHING TO BE WRITTEN IN THIS MARGIN

14. The

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