23. UNDER SECTION IN 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
PROVISIONS OF THE BASIC LAW AND LEGAL PROCEDURES, AND REPORT THEM TO
THE STANDING COMMITTEE OF THE MPC FOR THE RECORD'. THE LEGISLATURE
WILL ALSO HAVE THE POWEP TO AMEND EXISTING LAW.
༔ ་
'ACCOUNTABLE TO THE
24. SINCE THE EXECUTIVE IS TO BE LEGISLATURE (JOINT DECLARATION, ANNEX 1, SECTION 1) THE LEGISLATURE WILL NEED THE RIGHT TO DEBATE ALL ISSUES OF POLICY AND TO POSE QUESTIONS TO THE EXECUTIVE ON ALL 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 }).
26. THERE SHOULD THEREFORE BE LITTLE PROBLEM OVER 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:
(A) THE POWER TO DISSOLVE THE LEGISLATURE COULD BE GIVEN TO THE
CHIEF EXECUTIVE.
(B) THERE MIGHT OTHERWISE BE A PROVISION REQUIRING THE EXECUTIVE TO REVIEW SUCH POLICIES, AND IN THE EVENT OF THE EXECUTIVE DECIDING TO MAINTAIN THEM REQUIRING A VOTE OF CONFIDENCE IN THE LEGISLATURE. IN THE EVENT OF THE CHIEF EXECUTIVE FAILING TO OBTAIN A VOTE OF CONFIDENCE, THERE IS A NUMBER OF OPTIONS, FOR EXAMPLE:
(1) THERE WOULD DE A DISSOLUTION: OR
(11) THE CONSULTATIVE COLLEGE COULD BE CALLED TO ADJUDICATE ON
WHETHER THERE SHOULD BE A DISSOLUTION, OR THE CHIEF EXECUTIVE
CALLED ON TO PESIGN: OR BOTH.
THERE ARE UNDOUBTEDLY OTHER OPTIONS.
PRESIDENCY OF THE LEGISLATURE.
28. SOME PROVISION WILL NEED TO BE MADE FOP THE PRESIDENCY OF THE LEGISLATURE. GIVEN THE POWERS AND DUTIES OF THE CHIEF EXECUTIVE UNDER THE JOINT DECLARATION, AND THE FACT THAT HE AND THE EXECUTIVE AUTHORITIES ARE TO BE ACCOUNTABLE TO THE LEGISLATURE, IT WOULD NOT
SECRÉT
/BE
.