FORMAL POSITION. THE REALITY OF THE EXEFCISE OF POWER IN HONG KONG IS VERY DIFFERENT. IN PRACTICE, THE POWER OF DISALLOWANCE HAS NOT EN EXERCISED FOR 70 YEARS. HONG KONG GENERALLY LEGISLATES FOR ITSELF, AND ENJOYS A MUCH GREATER DEGREE OF AUTONOMY THAN IS APPARENT FROM READING THE CONSTITUTIONAL DOCUMENTS. THIS INCLUDES AUTONOMY IN DECIDING ON PUBLIC EXPENDITURE AND ON THE MEANS OF RAISING PUBLIC REVENUE.
3. THE POWERS OF HMG ALSO EXTEND TO APPROVAL OF APPOINTMENTS TO SENIOR PUBLIC SERVICE POSTS AND TO THE EXECUTIVE AND LEGISLATIVE COUNCILS, BUT IT IS PARE FOR HMG NOT TO ACCEPT PROPOSALS PUT FORWARD BY THE GOVERNOR.
4. IN PRACTICE, HMG EXERCISES T POWERS ONLY IN RELATION TO CONSTITUTIONAL ISSUES, TO MATTERS CONCERNED WITH HONG KONG'S EXTERNAL RELATIONS (OTHER THAN COMMERCIAL) AND SECURITY: 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 THE IR SENIOR 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 IN HONG KONG ARE EXTENSIVE. HOWEVER, IN THE SAME WAY AS HMG IN PRACTICE DOES NOT EXERCISE ITS 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 LEGISLATIVE COUNCIL. HE CONSULTS WIDELY ON ALL MAJOR ISSUES. HE RESPECTS ABSOLUTELY THE DISCRETION OF THE ATTORNEY GENERAL IN MATTERS OF PROSECUTION. IN THE EXERCISE OF HIS POWERS IN REGARD TO THE PUBLIC SERVICE, HE VERY RARELY, IF EVER, DECLINES 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
EVERCISER
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