GRS 500
CONFIDENTHAL
FM HONG KONG
TO MMMEDIATE FCO
TELNO 2322
OF 170955Z JULY 86
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orf
(304
INFO IMMEDIATE PEKING
HKKON RECEIVI
24 JUL 1986
304) MIPT: ACCOUNTABILITY
PROPOSITION BY LU PING
th
AGB 24/7
THE GOVERNOR AND THE EXECUTIVE COUNCHL SHOULD NOT BE REGARDED AS
PART OF THE EXECUTIVE AUTHORITIES.
CURRENT SIKTUATION
2. UNDER THE LETTERS PATENT, THE GOVERNOR IS THE REPRESENTATIVE OF THE QUEEN IN HONG KONG. HE IS THE HEAD OF THE GOVERNMENT AND
HAS ULTIMATE DIRECTION OF THE ADMINISTRATION OF HONG KONG. UNDER THE ROYAL INSTRUCTIONS, HE IS REQUIRED TO CONSULT THE EXECUTIVE COUNCIL ON UMPORTANT MATTERS ON POLICY. THE EXECUTIVE COUNCH ADVISES THE GOVERNOR WHO THEN DECIDES. CONSTITUTIONALLY, THE EXECUTIVE COUNCIL THUS APPEARS TO BE A BODY FOR CONSULTATION BY
THE GOVERNOR.
3. THAT IS THE THEORETICAL POSITION UNDER A CLASSIC COLONIAL CONSTITUTION. IN REALITY, BEHIND THIS FORMAL POSITION IS A LONG ESTABLISHED PRACTICE, WIDELY UNDERSTOOD HONG KONG, WHEREBY THE ADVICE TENDERED BY THE EXECUTIVE COUNCIL HAS A WIRTUALLY BINDING
FORCE ON THE GOVERNOR IN THE ADMINISTRATION OF HONG KONG.
4. IN PRACTICE, THE GOVERNOR IS CLOSELY INVOLVED *N THE ADMINISTRATIVE WORK OF GOVERNMENT AND IN THE FORMULATION OF MAJOR
POLICIES TO BE PUT BEFORE THE EXECUTIVE COUNCIL. THE GOVERNOR
PRESIDES OVER THE EXECUTIVE COUNCIL. NO MAJOR POLICHES MAY PROCEED
WITHOUT THE APPROVAL OF THE GOVERNOR IN EXECUTIVE COUNCIL. THE
FORCE AND VALUE OF EXECUTIVE COUNCIL'S ADVICE S REFLECTED BY THE
FACT THAT THE GOVERNOR HAS NEVER DECLINED TO ACCEPT T. THE
GOVERNOR AND THE EXECUTIVE COUNCIL FUNCTION TOGETHER AS ONE BODY,
WHOSE DECHISHONS ARE CORPORATE. THE GOVERNOR-IN-COUNCIL IS HELD
RESPONSIBLE FOR THE POLICHES IT APPROVES AND IS SUBJECT TO
CRITICISM BY THE PUBLIC AND THE LEGISLATURE HF A POLICY 115
UNACCEPTABLE OR FAILS.
5. POLICY BRANCHES OF THE GOVERNMENT SECRETARIAT ARE RESPONSIBLE FOR DRAFTING POLICIES AND MONITORING THEIR IMPLEMENTATION. HE A REWIEW OF POLICY IS CALLED FOR. OFTEN IN RESPONSE TO PUBLIC DEMAND AND SOMETIMES IN ACCORDANCE WITH THE EXECUTIVE COUNCIL'S INSTRUCTIONS, THE POLICY BRANCH UNDERTAKES THE NECESSARY GROUNDWORK AND MAKE RECOMMENDATIONS TO THE GOVERNOR-N-COUNCIL. DECISIONS ARE
THEN MADE BY THE GOVERNOR-IN-COUNCIL.
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