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
}
NOTABLE FOR NOT IN FACT HAVING BEEN EXERCISED. IN REGARD TO THE GOVERNOR, THE CONSTITUTION DESCRIBES AN AUTHORITARIAN REGIME OF THE CLASSIC COLONIAL PATTERN. THE LONGSTANDING PRACTICE OF GOVERNMENT BY WIDE CONSULTATION, AND WITHIN THE LEGISLATIVE PROCESS ITSELF OF CONSULTATION WITH THE UNOFFICIALS (WHICH AVOIDS OPEN CONFLICT), IS NOT REFLECTED IN THE DOCUMENTS. TO UNDERSTAND WHY HONG KONG WORKS, IT IS NECESSARY TO UNDERSTAND THESE CONSTITUTIONALLY UNWRITTEN BUT WELL ESTABLISHED PRACTICES. THE GOVERNMENT OF HONG KONG HAS HAD TO CONVINCE THOSE OVER WHOM IT EXERCISED AUTHORITY THAT IT 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.
EXECUTIVE COUNCIL
7. THE EXECUTIVE COUNCIL AT PRESENT CONSISTS OF FOUR EX-OFFICIO MEMBERS - THE CHIEF SECRETARY, THE COMMANDER BRITISH FORCES, THE FINANCIAL SECRETARY AND THE ATTORNEY GENERAL - AND 10 APPOINTED MEMBERS (8 UNOFFICIAL, 2 OFFICIAL) WHO ARE APPOINTED BY THE GOVERNOR WITH THE AUTHORITY OF THE QUEEN. APPOINTED MEMBERS HOLD OFFICE FOR FIXED PERIODS. THERE IS A CLEAR UNOFFICIAL MAJORITY. THE COUNCIL ADVISES THE GOVERNOR, WHO IS IN GENERAL REQUIRED BY THE ROYAL INSTRUCTIONS TO CONSULT IT ON IMPORTANT MATTERS OF POLICY, BUT NOT FOR EXAMPLE ON BUDGETARY PROPOSALS. THE COUNCIL'S ADVICE ON MATTERS OF POLICY INVOLVING THE EXPENDITURE OF PUBLIC FUNDS 4S SUBJECT TO THE APPROVAL OF THE NECESSARY FUNDS BY THE FINANCE COMMITTEE OF THE LEGISLATIVE COUNCIL. THE COUNCIL ADVISES UPON ALL PRINCIPAL LEGISLATION BEFORE 4T IS INTRODUCED INTO THE LEGISLATIVE COUNCIL, AND IT IS RESPONSIBLE FOR MAKING SUBSIDIARY LEGISLATION UNDER A NUMBER OF ORDINANCES.
8. UNDER THE ROYAL INSTRUCTIONS IT IS THE PREROGATIVE OF THE GOVERNOR TO DECIDE WHAT MATTERS SHOULD BE PUT BEFORE THE COUNCIL. SHOULD A MEMBER REQUEST THE DISCUSSION OF A SPECIFIC MATTER AND SHOULD THE GOVERNOR REFUSE HIS PERMISSION, THEN A RECORD OF BOTH THE REQUEST AND THE REFUSAL MUST BE ENTERED IN THE MINUTES OF THE COUNCIL, SHOULD THE MEMBER SO DESIRE. IF THE GOVERNOR DECIDES TO ACT AGAINST THE ADVICE OF THE MAJORITY OF MEMBERS, HE IS REQUIRED TO REPORT HIS REASONS TO THE SECRETARY OF STATE. IN PRACTICE } GOVERNOR HAS NOT DECLINED TO ACCEPT THE ADVICE OF COUNCIL WITHIN LIVING MEMORY: NOR HAS THERE BEEN ANY DISPUTE OVER THE AGENDA.
THE
9. MEMBERS TENDER THEIR ADVICE INDIVIDUALLY, BUT THE COUNCIL'S CONCLUSIONS ARE PRESENTED AS CORPORATE DECISIONS. NO MEMBERS HAS INDIVIDUAL RESPONSIBILITY FOR GIVEN SUBJECTS OR PORTFOLIOS (EXCEPT