IDENTIAL
years. The Governor is constitutionally required to consult the Executive Council except for matters too unimportant or too urgent to obtain their advice. He may act in opposition to the advice given by the Executive Council, but if he does so he must report the grounds and reasons for his action to HMG.
5.
The Governor legislates "by and with the advice and consent of a Legislative Council (known as LegCo) of 29 members comprising 4 of the ex-officio mumbers of the Executive Council (the Commander of the British Forces is not a member), 10 other officials and 15 unofficials The official and unofficial members are appointed by the Governor 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 the Government has an 'official' majority in the Council.
6. In order to conclude a Defence Costs Agreement with HMG, the Governor is obliged in the normal course to submit the proposed agree- ment to the Executive Council and thereafter to the Finance Committee of the Legislative Council. Finally, the proposal is voted on by the Legislative Council as a whole.
7. If necessary, there are in theory three procedures which HMG may follow to impose a befence Agreement on Hong Kong:-
a)
By the use of the official majority in the Legislative Council. This would involve referring the proposal to the Executive Council; acting contrary to their advice, reporting accordingly to HMG and seeking its concurrence; and subsequently using the Governor's casting vote to force the measure through the Legislative Council.
(b) By the use of ong Kong Legislative Council Standing Order No 58. This would enable the necessary funds to be voted by using the official majority in Committee of the whole Couno-1; but a supplementary Appropriation Bill woulā subsequently be required and although the Bill would not, in these circumstances, require reference to the Executive Council it would give rise to public debate in the Legislative Council for a second time.
/(c) By Order
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