CHAPTER II
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Present System
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8. The present constitutional instruments provide for a system of government in Hong Kong based on three main institutions: the Governor, the Executive Council and the Legislative Council.
9. The Governor is appointed by the Queen and is her representative in Hong Kong. He has ultimate direction of the government of Hong Kong. He presides at meetings of the Executive Council and he is President of the Legislative Council.
10. The Executive Council consists of four ex-officio members-the Chief Secretary, the Commander British Forces, the Financial Secretary and the Attorney General - together with other members who are appointed by the Governor on the instructions of the Secretary of State for Foreign and Commonwealth Affairs. At present there are twelve appointed members-ten Unofficial and two Official. The Executive Council advises the Governor on all important matters of policy. Thus the Council considers all major policy matters and all principal legislation before it is introduced into the Legislative Council. The Council itself makes subsidiary legislation under a number of ordinances. It also considers appeals, petitions and objections under certain ordinances.
11. The Legislative Council comprises the Governor (as the President), three ex- officio members-the Chief Secretary, the Financial Secretary, and the Attorney General-and, at present, 29 Unofficial members and 15 Official members, who are appointed by the Governor with the approval of the Secretary of State for Foreign and Commonwealth Affairs. The Legislative Council's primary func- tion is the enactment of legislation, including legislation for the appropriation of public funds. It also questions the Administration on matters of public interest and debates questions of policy. In addition, it exercises control over the expenditure of public funds through the Finance Committee of the Legislative Council, which consists of the Chief Secretary, as chairman, the Financial Secretary, one other Official member of the Council (by convention the Secretary for Lands and Works) and all the Unofficial members of the Council.
12. Beneath the Governor in his capacity as the chief executive are his three principal advisers: the Chief Secretary, who, inter alia, is head of the Civil Service and the Governor's deputy; the Financial Secretary, who is the Governor's adviser on budgetary and fiscal policy and economic and monetary affairs; and the Attorney General, who is the Governor's legal adviser. These three officials are members ex-officio of both the Executive and Legislative Councils and, as of right, each has direct access to the Governor. It is under the direction of these three principal advisers that the Civil Service operates, through the machinery of the 14 branches of the Government Secretariat and 59 executive departments and agencies.
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