UK CONFIDENTIAL
THE CONSTITUTION
4.
a.
The Governor. The Governor, HE Sir Crawford Murray Macle hose, GBE, KCMG, KCVO, is the head of the government. He presides at meetings of the Executive Council and is President of the Legislative Council. With limited exceptions, he is responsible for every executive act of the government. However, defence and foreign relations are the responsibility of the British Government.
b. The Executive Council. The Executive Council is made up of 5 ex officio members the Commander British Forces, the Colonial Secretary, the Attorney General, the Secretary for Home Affairs and the Financial Secretary, and 9 other members appointed by the Crown on the nomination of the Governor. Of the appointed members, one is an official and 8 are unofficial members. The unofficial members are representatives of the community appointed for their knowledge and experience of Hong Kong affairs. The Council is primarily a consultative body and usually meets once a week, although additional meetings may be held if required. The Governor is not a member of the council, but he presides over its meetings. Only the Governor may call a meeting of the Executive Council. The Governor in Council, that is the Governor acting after consultation with the Council, is also the statutory authority for making certain subsidiary legislation, and considers appeals, petitions and objections under certain ordinances.
C.
The Legislative Council. The Legislative Council comprises the Governor, (who is both the President and a member, and has the casting vote), 4 ex officio members, 16 appointed official members and 24 appointed unofficial members. All ex officio members of the Executive Council, with the exception of the Commander British Forces, serve on the Legislative Council. The 16 nominated official members are normally the heads of the major government departments. The unofficial members are appointed by the Governor on the instruction of the Crown. The main functions of the Council, which holds open meetings about twice a month, are to enact legislation and to control the spending of public funds. Besides the Legislative Council, laws which have effect within Hong Kong may be made by the British Parliament and by the Crown by Order-in-Council.
d. The Judiciary. The Judiciary consists of the Full Court (the Court of Appeal), the Supreme Court, the District Courts and the Magistracy. In addition, the Coroners Court, the Tenancy Tribunal, the Labour
District Tribunal and the Lands Tribunal have special responsibilities. Judges sit in Hong Kong, Kowloon and the New Territories and in addition to the regular Magistrates' Courts on either side of the Harbour, there is also a Justice of the Peace Court each for the Island and the Mainland. Among the functions of the Judiciary is the trial of all criminal cases and the determination of civil disputes, whether between individuals or between individuals and the government or a department of the government,
e. Administration. The Colonial Secretariat is the centre of public administration in Hong Kong. The Colonial Secretary, who has
responsibility for the overall direction and supervision of the activities of the various administrative departments, is the key figure, next to the
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UK CONFIDENTIAL