BACKGROUND NOTE

1. Hong Kong is a Crown Colony and the Secretary of State for Foreign and Commonwealth Affairs is directly responsible to Parliament for its government. Hong Kong is itself administered, under the Letters Patent and the Royal Instructions, by a Governor,

and Executive Council and a Legislative Council.

2. The Governor has wide powers under the constitution, including the power to make laws (called 'Ordinances') for the "peace, order and good government of the Colony". The Crown reserves the power of disallowance in respect of all ordinances enacted in Hong Kong and to legislate for the Colony by Order in Council. In practive, no post-war British Government has exercised this power.

3. The Governor is advised by an Executive Council (known as "Exco") of 15 members, comprising:

(a) 5 Ex-officio members (the Chief Secretary, the Financial

Secretary, the Commander of the British Forces, the Attorney- General, and the Secretary for Home Affairs); and

(b) 10 other members appointed by the Governor who may be either

Official (ie members of the Hong Kong Government) or Unofficial. (At present there are 9 Unofficials and 1 Official). The Governor is constitutionally required to consult Exco on all

matters except those he considers too unimportant or too urgent to warrant obtaining their advice. He may act in opposition to the advice he receives, but if he does so he must report his reasons to HMG.

4. The Governor legislates with the advice and consent of the Legislative Council (known as "Legco") comprising:-

(a) The Governor;

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(b) 4 Ex-officio members (the Chief Secretary, the Financial

Secretary, the Attorney-General, and the Secretary for Home Affairs);

(c) 16 other Official members and 24 Unofficial members, appointed

by the Governor.

The

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