FM HONG KONG
JO DESKBY 2709OOZ FCO
TELNO 939
OF 2703OOZ MARCH 86
INFO IMMEDIATE PEKING
PART ONE OF TWO
MY THIRD IPT: REPRESENTATIVE GOVERNMENT, THE BASIC LAW AND THE
1987 REVIEW.
1. THE FOLLOWING IS THE REVISED TEXT OF THE PAPER IN HONG KONG
TELNO 850:
PAPER NO. 1
THE GOVERNMENT OF HONG KONG AND
ITS RELATIONSHIP WITH HMG
THE CONSTITUTION OF THE UNITED KINGDOM EMBODIES A WIDE RANGE OF
POWERS IN THE QUEEN, WHICH BY CUSTOM AND BY CONVENTION, SHE DOES
NOT EXERCISE, BUT WHICH ARE IN PRACTICE EXERCISED BY PARLIAMENT
AND MINISTERS. THE RESTRAINING FORCE OF CUSTOM AND CONVENTION #N
THE BRITISH SYSTEM THEREFORE BALANCES THE WRITTEN CONSTITUTIONAL
RULES. SIMILAR PRACTICES APPLY IN REGARD TO THE POSITION OF THE
GOVERNOR IN HONG KONG. THE GOVERNOR HAS ULTIMATE RESPONSIBILITY FOR
THE DIRECTION OF THE GOVERNMENT OF HONG KONG. HE PRESIDES OVER THE
EXECUTIVE AND LEGISLATIVE COUNCILS. THE EXECUTIVE COUNCIL, IS THE
PRINCIPAL POLICY-MAKING BODY. THE LEGISLATIVE COUNCIL, SUBJECT TO
THE ASSENT OF THE GOVERNOR, MAKES LAWS AND AUTHORISES PUBLIC EXPENDITURE.
2. THE FORMAL SOURCE OF THE GOVERNOR'S AUTHORITY IS THE LETTERS
PATENT AND ROYAL INSTRUCTIONS, WHICH ESTABLISH THE FRAMEWORK OF THE ADMINISTRATION OF HONG KONG, AND PROVIDE HONG KONG'S CONSTITUTIONAL BASE. ARTICLE VN OF THE LETTERS PATENT EMPOWERS
THE GOVERNOR TO MAKE ''LAWS FOR THE PEACE, ORDER AND GOOD GOVERNMENT OF HONG KONG. THE BRITISH PARLIAMENT, AND THE QUEEN IN COUNCIL (.E. THE PRIVY COUNCIL) HAVE PARALLEL AND MORE EXTENSIVE
POWERS TO LEGISLATE FOR HONG KONG. ANY SUCH LEGISLATION TAKES
PRECEDENCE OVER HONG KONG LAWS, AND ANY HONG KONG ORDINANCE S SUBJECT TO DISALLOWANCE BY THE CROWN. THIS, HOWEVER, S ONLY THE FORMAL POSITION. THE REALITY OF THE EXEFCISE OF POWER IN HONG KONG
MS VERY DIFFERENT. IN PRACTICE THE POWER OF DISALLOWANCE HAS NOT
C