EXPENDITURE committee (defence & external affairs sub-committee) 27
The Governor is advised by an Executive Council of 14 Members, comprising 5 ex-officio Members and 9 others, who may be Official (ie members of the Hong Kong Public Service) or Unofficial. At 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 five 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 personnel 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.
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.
The Unofficial Members of both Councils form a coherent (although not consti- tutionally 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 legisla- tion, 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.
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.
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 and vice versa. 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 Ordinances).
Foreign & Commonwealth Office.
7 November 1975.
APPENDIX 6
SURFACE-TO-AIR MISSILES IN CYPRUS (D.18)
Note by the Ministry of Defence (SCOE 67/4)
As part of the post Defence Review reductions in our forces in Cyprus, No. 112 Squadron (Bloodhound) redeployed to the United Kingdom during May/June 1975. After a temporary stay at West Raynham (Norfolk) part of it is now in course of moving to North Coates (Humberside) where it will assume a role in the air defence of the United Kingdom.
There are no surface-to-air missiles now in the Cyprus SBAs.
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