}

sandlira Gupite

+

pai

Am. This gest

he was to not be

Tes -

with beite

5.

In

this

Chinese version of

"responsible" (

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2

context it should be noted that the the Joint Declaration uses the word

) rather than "accountable".

Present Relationship between the Executive and Legislative Council

6.

The ordinary meaning of "accountability", in most structures of Government, suggests:

(i)

as used

that the Executive must render an account to the Legislature for its exercise of power, and

(ii)

that

the Executive is responsible to the Legislature for its exercise of power,

but does not suggest (without more specific provisions):

2

7.

in

(iii)

(iv)

that the Executive holds power granted by the Legislature, or

that the Legislature can strip the Executive of power.

the

This is very much the present position in practice Hong Kong. Government policy is determined by Governor acting upon

acting upon the advice of the Executive Council. Orders and directions to the public service are given by the Governor and by his principal officials (who may or may not be members of the Executive Council). There are a number of ways, however, in which the executive may be questioned and influenced by the Legislature:-

(i)

(ii)

arrily, how it

(iii)

Yes

"reject?

the Legislature has the right to question the executive arm of government, both orally and in writing, upon a virtually unlimited range of subjects;

the Legislature has the right to question the including

executive arm of anyone, government, on matters referred to a Select of Committee, to

attendance compel the witnesses and to call for the production of documents;

the Legislature has the right to oppose or amend bills sent to it by the Executive Council;

The

(iv) all expenditure has to be approved

be approved by the Finance Committee of the Legislature. expenditure of all funds is scrutinised by the Director of Audit and the Public Accounts Committee, and both report to the Legislature;

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/(v)

...

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