(v)
the fremdint
(vi)
8.
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3 -
the Legislature enjoys freedom of debate, subject only to Standing Orders which provide the
with discretion
Governor
refuse to accept motions for debate;
informally,
Executive
Unofficial
members
and
Legislative
to
the
of Councils,
individually and through informal panels and to officials ad hoc groups, enjoy access responsible to the executive authorities, to redress grievances raised by members of the public, and to question and criticise administration.
Accordingly,
in practice
the
the
Executive
is accountable though not subordinate to the Legislature in a and effective manner. In an extreme case of very real conflict however, the will of the Executive would prevail. The ultimate sanctions lie in the power of the Governor control the business of the Legislature, the right of the Governor to dissolve the Legislature (although new elections would have to be held within three months), and the ultimate
to intervene right of the United Kingdom Government legislate,
if necessary, the to direct
Governor and, change the constitutional arrangements.
Conclusion
9.
laws).
to
to
The
In Hong Kong's present system of Government, the Executive has the conduct of administration but needs the
and (for money support of the Legislature (for Legislature can use its powers
its powers to keep the Executive under scrutiny (by questions and investigations) Executive in check (by debate and censure). is "accountable" to the Legislature but not it: there is co-operation and support between and Legislature. The Executive must keep the confidence of the Legislature.
Line to take
10.
and keep the The Executive subordinate to the Executive
It is suggested that if this subject is raised in public, Members (and Government officials) should say that:-
(a)
"Accountability"
"rendering
an
means the account" of
purposes of open
information
and
in
government
response
to
Executive itself for and public the
(b)
Legislative Council. It does not imply an inferior/ superior relationship.
The organs of government work in partnership with each other.
The Executive
vice
cannot
versa.
direct the Legislature, nor Both must have regard to the needs and views of the community.
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