SECRET
(i) to maintain public order (Joint Declaration
paragraph 3(ii);
(j) to act in all matters in which autonomous
to the SAR, where
powers are delegated
necessary
with
Legislature.
Powers of the Executive
the
concurrence of the
number of powers
to the
19. Hong Kong law attributes Governor in Council (in effect the Governor and members of
the Executive Council acting collectively) and the Executive Council now operates in practice as a collective decision making body.
20. Under the Joint Declaration the executive authorities are required to "abide by the law" and "be accountable to the Legislature". To achieve a convergence between the two systems, an SAR Executive would need to be given the right:
on
(a) to be consulted by the Chief Executive
all matters of policy including the
presentation
of draft
legislation to the
Legislature;
(b) to exercise the powers provided for in Hong
Kong law.
Budgetary Powers
21.
Section V of Annex I to the Joint Declaration envisages the continuation of the system of public finance in Hong Kong. On this assumption the budget would need to be the responsibility of the principal official responsible for financial affairs who would present his budget after consultation with the Chief Executive.