SECRET
2.2. g
J.
Powers of the Legislature
22.
The present Legislative Council has the power to
legislate, debate, question, and vote funds as described in
Paper I.
23.
Under Section II of Annex I to the Joint Declaration
legislative power of the Hong Kong SAR is to be vested in
the Legislature which may "on its own authority enact laws
in accordance with the
the provisions of the Basic Law and legal procedures, and report them to the Standing Committee
of the NPC for the record". The Legislature will also have the power to amend existing law.
24.
Since the Executive is to
Legislature (Joint Declaration,
be "accountable" to the
Annex I, Section I) the
the Executive on all
Legislature will
will need the right to debate all issues of
policy and to pose questions to matters of policy and administration.
25.
Under the Joint Declaration the Legislature will
continue to approve taxation and public expenditure and the Executive will be accountable to it for all public
expenditure: the existing system of auditing public
accounts is also to be maintained (Joint Declaration,
Section V of Annex I).
26.
be little problem
over
There should therefore convergence between the powers of the existing Legislative Council and the Legislature of the SAR.
27. The Governor has the power to dissolve the Legislative Council. Provision will need to be made for the situation in which the policies endorsed by the Chief Executive, and his Executive on major matters fail to receive the support of the legislature. There are a number of options: