SECRET
3. THE POWERS OF HMG ALSO EXTEND TO APPROVAL OF APPOINTMENTS TO SENIOR PUBLIC SERVICE POSTS AND TO THE EXECUTIVE AND LEGISLATINÉ COUNCILS, BUT IT IS RARE FOR HMG NOT TO ACCEPT PROPOSALS PUT FORWARD
BY THE GOVERNOR.
4. IN PRACTICE, HMG EXERCISES IT POWERS ONLY IN RELATION TO CONSTITUTIONAL ISSUES, TO MATTERS CONCERNED WITH HONG KONG'S EXTERNAL RELATIONS (OTHER THAN COMMERCIAL) AND SECURINTY: TO THE APPOINTMENT OF THE MOST SENIOR PERSONNEL AND JUDGES SEMICOLON AND TO CERTAIN LIMITED AREAS E.G. CURRENCY AND BANKING MATTERS) WHERE UNDER THE ROYAL INSTRUCTIONS THE GOVERNOR CANNOT ASSENT TO A BILL WITHOUT PRIOR CONSULTATION WITH HMG. EVEN ON THESE MATTERS, THERE IS, IN PRACTICE A HIGH DEGREE OF MUTUAL TRUST AND FREQUENT INFORMAL CONSULTATION BETWEEN THE GOVERNOR AND THE SECRETARY FOR STATE AND
THEIR SEMIOR OFFICIALS ON SUCH MATTERS. THERE IS NO QUESTION OF HONG KONG BEING RULED BY DECREE FROM LONDON, EVEN WHERE THE
FORMAL POWER TO DO SO STILL EXISTS. HONG KONG IS LEFT TO CONDUCT
GOVERNMENT BUSINESS ON ALL OTHER MATTERS WITHOUT REFERENCE TO
LONDON.
THE GOVERNOR
5. THE FORMAL CONSTITUTIONAL POWERS OF THE GOVERNOR HN HONG KONG ARE EXTENSIVE. HOWEVER, IN THE SAME WAY AS HMG IN PRACTICE DOES NOT EXERCISE #TS FULL POWERS WITH REGARD TO THE GOVERNANCE OF HONG KONG, THE GOVERNOR IN PRACTICE DOES NOT EXERCISE HIS FULL
POWERS WITHIN HONG KONG. HE INVARIABLY ACTS ON POLICY MATTERS (IN
ACCORDANCE WITH THE ADVICE OF THE EXECUTIVE COUNCIL. HE HAS ONLY ONCE (IN 1946) REFUSED ASSENT TO ANY BILL PASSED BY THE LEGISLATIME COUNCIL. HE CONSULTS WIDELY ON ALL MAJOR «SSUES. HE RESPECTS
ABSOLUTELY THE DISCRETION OF THE ATTORNEY GENERAL IN MATTERS OF
PROSECUTION, HM THE EXERCISE OF HIS POWERS IN REGARD TO THE PUBLIC SERVICE, HE VERY RARELY, HF EVER, DECLANES TO ACCEPT THE RECOMMENDATION OF THE PUBLIC SERVICE COMMISSION.
6. THE CONSTITUTIONAL DOCUMENTS DESCRIBE THE WIDE RANGE OF POWERS
OF HMG AND IT IS NOT EASY FOR THOSE OUTSIDE HONG KONG (OR INDEED
EVEN INSIDE HONG KONG) TO APPRECIATE THAT MANY OF THESE POWERS
ARE NOTABLE FOR NOT IN FACT HAVING BEEN EXERCISED. IN REGARD TO THE GOVERNOR, THE CONSTITUTION DESCRIBES AN AUTHORITARIBAN REGIME OF THE CLASSIC COLOMMAL PATTERN. THE LONGSTANDING PRACTICE OF GOVERNMENT BY WIDE CONSULTATION, AND WITHIN THE LEGISLATIVE PROCESS ITSELF OF CONSULTATION WITH THE UNOFFICIALS (WHICH AVOIDS OPEN CONFLICT), HS NOT REFLECTED IN THE DOCUMENTS. TO UNDERSTAND WHY HONG KONG WORKS,
NTS NECESSARY TO UNDERSTAND THESE CONSTITUTIONALLY UNWRITTEN BUT
WELL ESTABLISHED PRACTICES. THE GOVERNMENT OF HONG KONG HAS HAD TO
CONVINCE THOSE OVER WHOM ›NT EXERCISED AUTHORITY THAT #T WAS DOING
SO IN THE BEST INTERESTS OF THE COMMUNITY AS A WHOLE. IF IT HAD NOT BEEN ABLE TO DO SO, HONG KONG WOULD NOT HAVE DEVELOPED AS SUCCESSFULLY AS IT HAS..-2-
EXECUTIVE COUNCIL
SECRET
17