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4.
to
In practice, HMG exercises its powers only in relation
constitutional issues, to matters concerned with Hong Kong's
external relations (other than commercial) and security: To the
appointment of the most
of the most senior personnel and judges; and to certain
limited areas, eg 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 fret Sate and their senior
officials on such matters. There is no question of Hong Kong being
ruled by decree form 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.
07
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.
consults widely on all major issues. He respects absolutely the
right of the Attorney General in regard to decisions on
prosecutions. 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.
He
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 are 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
understand these
practices.
it
Hong Kong works, constitutionally unwritten
is necessary to
but well established
The
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