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F)
PARA 23: LEGAL ADVISERS NOTE THAT THIS PARA WOULD SEEM TO
SET OUT A MINIMALIST POSITION FOR ACCOUNTABILITY ALTHOUGH IT IS
IN PART EXPANDED IN PARA 24. THEY THINK IT WOULD BE DESIRABLE,
AT THIS STAGE, TO ADD TO PARA 23 A REFERENCE TO A SANCTION IN THE
EVENT THAT THE EXECUTIVE IS NOT RECEPTIVE TO THE ESSENTIAL
CONCERNS OF THE LEGISLATURE. THIS COULD BE EXPANDED IN
PARA 24 BY STATING THE ACCOUNTABILITY OF THE EXECUTIVE TO THE
LEGISLATURE FOR ALL PUBLIC EXPENDITURE AND CONTAINING A NECESSARY
IMPLICATION THAT THE NEED FOR THE LEGISLATURE TO APPROVE TAXATION
IS ALSO PART OF THE ACCOUNTABILITY PROCESS.
G)
H)
PARA 25 FIRST SENTENCE: INSERT 'ALREADY' AFTER 'WHICH'
PARA 26: WE AND LEGAL ADVISERS BOTH WONDER IF IT IS WISE
TO BRING IN AT THIS STAGE A PROPOSAL TO DROP THE POWER OF ASSENT,
EVEN IF. IT IS ONLY A MATTER OF FORM. IF YOU WISH TO PURSUE THIS
ISSUE WITH THE CHINESE, WE SHALL NEED TO EXPLAIN THE BACKGROUND
TO THIS PROBLEM IN FAR GREATER DETAIL THAN IS PRESENTLY PROVIDED.
WE WOULD BE INCLINED NOT TO RAISE THIS AT THIS STAGE.
I)
PARA 29: IN VIEW OF LEGAL ADVISERS' GENERAL COMMENT IN
PARA 2 ABOVE, WE WOULD SUGGEST THAT 'COUNCIL' BE ADDED AFTER
'THE
EXECUTIVE"
6.
WE AGREE WITH PEKING'S COMMENTS IN THEIR TELNO 434,
EXCEPT THAT REGARDING THEIR COMMENT (E) WE BELIEVE THAT YOUR PARA
18 REFERS TO POWERS EXERCISED BY THE GOVERNOR AND/OR THE CHIEF
EXECUTIVE BEFORE 1997, AND BY THE CHIEF EXECUTIVE AFTER THAT
DATE.
7.
A)
WE THEREFORE AGREE WITH YOUR IMPRECISE FORMULATION.
YOUR TELNO 850 AND PEKING TELNO 436:
PARA 1: LEGAL ADVISERS HAVE COMMENTED THAT THEY DO NOT
CONSIDER THAT 'CONVENTION' IS A SUITABLE TERM TO USE FOR THE
PRACTICES THAT HAVE GROWN UP IN HONG KONG. THOSE PRACTICES HAVE
GIVEN THE GOVERNOR A CONSIDERABLE DEGREE OF INDEPENDENCE
VIS-A-VIS THE UNITED KINGDOM AND IMPOSED ON HIM A CONSIDERABLE
DEGREE OF RELIANCE ON THE ADVICE OF HIS EXECUTIVE COUNCIL AND THE
ACTIONS OF THE LEGISLATIVE COUNCIL. BUT IN ESSENCE THESE ARE
PRACTICES WHICH RELATE TO THE RESPONSIBILITY OF A CROWN SERVANT
TO THE CROWN AND THE RESTRICTIONS PLACED UPON HIS FREEDOM OF
ACTION. LEGAL ADVISERS, THEREFORE, SUGGEST THAT THE WORD
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