307.
GRS 300
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 2214
OF 09113OZ JULY 86
Confidential
ARRON 11
RECEIV
25 JUL 1986
INFO IMMEDIATE PEKING
TAB 2071
MIPT: BASIC LAW : ACCOUNTABILITY OF THE EXECUTIVE
1. LINE TO TAKE
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AFTER CONSULTATION WITH THE FCO AND HMA PEKING, IT IS PROPOSED THAT IN RESPONSE TO QUESTIONS, MEMBERS AND OFFICIALS SHOULD TAKE THE LINE THAT:
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A) ACCOUNTABILITY'' MEANS THAT ALTHOUGH THE EXECUTIVE HAS THE
CONDUCT OF THE ADMINISTRATION, IT CANNOT PERFORM THIS ROLE WITHOUT THE SUPPORT OF THE LEGISLATURE FOR MONEY AND LAWS. THE
LEGISLATURE CAN USE ITS POWERS TO KEEP THE EXECUTIVE UNDER
SCRUTINY BY QUESTIONS AND INVESTIGATIONS, AND KEEP IT IN CHECK BY DEBATE AND CRITICISM. THE EXECUTIVES THEREFORE ACCOUNTABLE''
TO THE LEGISLATURE BUT NOT SUBORDINATE TO IT.
B) THE ORGANS OF GOVERNMENT WORK IN PARTNERSHIP WITH EACH OTHER.
THE EXECUTIVE CANNOT DIRECT THE LEGISLATURE. ITS UNUSUAL FOR. A
LEGISLATURE TO ATTEMPT TO CURCUMSCRIBE THE EXECUTIVE SO THAT THE LATTER HAS NO ROOM FOR DISCRETION AND, SAVE WHERE THE MATTER S REGULATED BY LAW, THE LEGISLATURE CANNOT DIRECT THE EXECUTIVE. BOTH MUST HAVE REGARD TO THE NEEDS AND WIEWS OF THE COMMUNITY.
2. DEFENSIVE MATERIAL
Q. HAS THERE BEEN AN UNDERSTANDING BETWEEN THE BRITISH AND CHINESE SDES DURING THE NEGOTINATIONS ON THE MEANING OF THE TERM/WORD ''ACCOUNTABLE''?
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A. THE J.D. (ANNEX 1) SAYS THAT THE EXECUTIVE AUTHORITIES SHALL BE ACCOUNTABLE TO THE LEGISLATURE''. THE FINAL TEXT WAS AGREED BY BOTH SIDES. (HF PRESSED, REFUTE ANY SUGGESTION OF SECRET AGREEMENTS THAT WERE NOT INCLUDED IN THE JOINT DECLARATION).
Confidential
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