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23. UNDER SECTION OF ANNEX # TO THE JOINT DECLARATION LEGISLATIVE
POWER OF THE HONG KONG SAR IS TO BE VESTED MN THE LEGISLATURE WHICH
MAY ''ON BTS OWN AUTHORITY ENACT LAWS IN ACCORDANCE WITH THE
PROVISIONS OF THE BASIC LAW AND LEGAL PROCEDURES, AND REPORT THEM
TO THE STANDING COMMITTEE OF THE NPC FOR THE RECORD!'. THE
LEGISLATURE WILL ALSO HAVE THE POWER TO AMEND EXISTING LAW.
24. SINCE THE EXECUTIVE IS TO BE **ACCOUNTABLE'' TO THE LEGISLATURE
(JOINT DECLARATION, ANNEX IN, SECTION #P) #FT WILL NEED THE RIGHT
TO DEBATE ALL HSSUES OF POLICY AND TO POSE QUESTIONS TO THE
EXECUTIVE ON ALL MATTERS OF POLICY AND ADMINISTRATION.
25. UNDER THE JOINT DECLARATION THE LEGISLATURE WILL CONTINUE TO
APPROVE TAXATION AND PUBLIC EXPENDITURE AND THE EXECUTIVE WILL BE
ACCOUNTABLE TO INT FOR ALL PUBLIC EXPENDITURE: THE EXISTING SYSTEM
OF AUDITING PUBLIC ACCOUNT IS ALSO TO BE MAINTAINED (JOHNT
DECLARATION, ANNEX V).
26. THERE SHOULD THEREFORE BE LITTLE PROBLEM OVER CONVERGENCE
BETWEEN THE POWERS OF THE EXISTING LEGISLATIVE COUNCIL AND THE
LEGISLATURE OF THE SAR.
27. THE GOVERNOR HAS THE POWER TO DISSOLVE THE LEGISLATIVE COUNCIL.
PROVISION WILL NEED TO BE MADE FOR THE SITUATION IN WHICH THE
POLICIES ENDORSED BY THE CHIEF EXECUTIVE, AND HIS EXECUTIVE ON
MAJOR MATTERS FAIL TO RECEIVE THE SUPPORT OF THE
LEGISLATURE. THERE ARE A NUMBER OF OPTIONS:
(A) THE POWER TO DISSOLVE THE LEGISLATURE COULD BE GIVEN TO THE
CHIEF EXECUTIVE.
(B) THERE MIGHT OTHERWISE BE A PROVISION REQUIRING THE EXECUTIVE
TO REVIEW SUCH POLICIES, AND IN THE EVENT OF THE EXECUTIVE DECIDING TO MAINTAIN THEM REQUIRING A VOTE OF CONFIDENCE IN THE
LEGISLATURE. IN THE EVENT OF THE CHIEF EXECUTIVE FAILING TO OBTAIN
A VOTE OF CONFIDENCE ETHER
(:) THERE WOULD BE A DISSOLUTION: OR
(B) THE CONSULTATIVE COLLEGE COULD BE CALLED TO ADJUDICATE ON
WHETHER THERE SHOULD BE A DISSOLUTION, OR THE CHIEF EXECUTIVE
CALLED ON TO RESIGN: OR BOTH.
PRESIDENCY OF THE LEGISLATURE
28. SOME PROVISION WILL NEED TO BE MADE FOR THE PRESIDENCY OF
THE LEGISLATURE. GIVEN THE POWERS AND DUTIES OF THE CHIEF
EXECUTIVE UNDER THE JOINT DECLARATION, AND THE FACT THAT HE AND
THE EXECUTIVE AUTHORITIES ARE TO BE ACCOUNTABLE TO THE LEGISLATURE
HT WOULD NOT BE APPROPRIATE FOR HIM TO PRESIDE OVER IT. AS PRESIDENT
HE COULD NOT INTERVENE IN THE PROCEEDINGS OF THE LEGISLATURE.
PROVISION MIGHT THEREFORE BE MADE FOR THE LEGISLATURE TO SELECT
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