THE EXECUTIVE
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12. THE JOINT DECLARATION DOES NOT PROVIDE FOR ANY SPECIFIC MEANS OF CHOOSING THE MEMBERS OF THE EXECUTIVE OR FOR ITS COMPOSITION. |
T REFERS BROADLY TO EXECUTIVE AUTHORITIES''. THE PRESENT EXECUTIVE <N HONG KONG IS THE EXECUTIVE COUNCIL THE MEMBERS OF WHICH ARE SELECTED BY THE GOVERNOR AND APPOINTED BY HMG.
13. AN SAR EXECUTIVE COULD BE FORMED IN ONE OF TWO WAYS:
(A) BY SELECTION BY THE CHIEF EXECUTIVE HIMSELF FROM AMONG, OR OUTSIDE, THE MEMBERSHIP OF THE LEGISLATURE:
(B) IN PART AT LEAST BY ELECTION FROM AMONG THE MEMBERS OF THE LEGISLATURE THEMSELVES.
14. THE FIRST ALTERNATIVE #S LIEKLY TO PROVIDE THE SIMPLER SOLUTION WHICH WOULD REQUIRE THE LEAST CHANGE. IT WOULD GIVE THE EXECUTIVE INCREASED AUTHORITY IF, ONCE IT HAD BEEN SELECTED BY THE CHIEF EXECUTIVE, HE SOUGHT A VOTE OF CONFIDENCE, COLLECTIVELY, FROM THE LEGISLATURE. *F THE EXECUTIVE DID NOT ENJOY THE CONFIDENCE OF THE LEGISLATURE IT WOULD HAVE DIFFICULTY IN SECURING THE PASSAGE OF LAWS AND IN RAISING REVENUE (SEE PARAGRAPHS 23 AND 25 BELOW).
THE LEGISLATURE
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15. THE JOINT DECLARATION PROVIDES THAT THE LEGISLATURE OF THE HONG KONG SPECIAL ADMINSTRATIVE REGION SHALL BE CONSTITUTED BY ELECTIONS'. THE METHODS OF ELECTION AT LEAST IN GENERAL TERMS, WOULD NEED TO BE SPECIFIED IN THE BASIC LAW. DEPENDING ON DEVELOPMENTS (SEE PARAGRAPH 16 BELOW) IT MIGHT BE SPECIFIED THAT ELECTIONS SHOULD INCLUDE BOTH DIRECT AND INDIRECT ELECTIONS.
16. INDIRECT ELECTIONS ARE ALREADY USED IN HONG KONG IN SELECTING PART OF THE MEMBERSHIP OF THE LEGISLATIVE COUNCIL. DIRECT ELECTIONS ARE USED AT THE DISTRICT AND URBAN COUNCIL/REGIONAL COUNCIL LEVEL. WHETHER OR NOT TO 4NTRODUCE THEM FOR A PROPORTION OF MEMBERS AT THE LEGISLATIVE COUNCIL LEVEL WILL BE DECHDED IN THE LIGHT OF
THE 1987 REVIEW (PAPER NO2).
17. SOME ARRANGEMENTS WILL ULTIMATELY HAVE TO BE MADE FOR THE SEATS NOW OCCUPIED BY APPOINTED MEMBERS IN THE LIGHT OF THE REQUIREMENT IN THE JOINT DECLARATION THAT THE LEGISLATURE BE CONSTITUTED BY
ELECTION. (SEE PARAGRAPH 15 ABOVE)
POWERS OF THE GOVERNOR/CHIEF EXECUTIVE
18. THE POWERS EXERCISED BY THE GOVERNOR ARE SET OUT IN PAPER NO 1. CERTAIN POWERS ARE ASCRIBED TO THE CHIEF EXECUTIVE IN THE JOINT DECLARATION. A CONVERGENCE BETWEEN THE TWO WOULD NEED TO PROVIDE FOR THE EXERCISE OF THE FOLLOWING POWERS:
(A) TO NOMINATE MEMBERS OF THE EXECUTIVE:
(B) TO PRESIDE OVER THE MEETING OF THE EXECUTIVE:
(C) TO NOMINATE THE PRINCIPAL OFFICIALS (JD ANNEX *, SECTION 1):
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)(A)
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