84
GRS 500
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1983
OF 251135Z JUNE 86
CONTIDENTIAL
HKK OULI
RECENT
STRY
30 JUN 1986
DE"
INFO PRIORITY PEKING
INDEX
PA
OTH.
Taken
Сс
oul,
390
YOUR TELNO 1221: BASIC LAW : ACCOUNTABILITY OF THE EXECUTIVE.
1. WE WILL COMMENT SEPARATELY ON THE POINTS RAISED IN TUR. IN THE MEANTIME, WE HAVE BEEN CONSIDERING THE LINE TO TAKE ON
**ACCOUNTABILITY'' HERE IN HONG KONG AS A RESULT OF THE
RESURGENCE OF PRESS INTEREST FOLLOWING LA HOU'S RECENT STATEMENT.
WE PROPOSE THAT WE SHOULD BASE OURSELVES ON THE DEFINITION GIVEN AT
THE END OF OUR DRAFT EXCO MEMORANDUM (REF PELHAM'S LETTER OF 15 APRIL 1986 TO HUM), H.E. -
(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 MEN CHECK BY DEBATE AND CENSURE. THE EXECUTIVE #S THEREFORE ACCOUNTABLE' TO THE LEGISLATURE BUT NOT SUBORDINATE TO INT.
(B) THE ORGANS OF GOVERNMENT WORK UN PARTNERSHIP WITH EACH OTHER. THE EXECUTIVE CANNOT DIRECT THE LEGISLATURE, NOR VICE VERSA. BOTH MUST HAVE REGARD TO THE NEEDS AND WIEWS OF THE COMMUNITY.
2. WE ALSO INTEND TO USE THE FOLLOWING DEFENSIVE MATERIAL TO DEAL
WITH ANY SPECIFIC QUERIES ARISING OUT OF L'S STATEMENT :
Q. HAS THERE BEEN AN UNDERSTANDING BETWEEN THE BRITISH AND CHINESE SIDES DURING THE NEGOTIATIONS ON THE MEANING OF THE TERM/WORD ''ACCOUNTABLE**?
A.: THE JD (ANNEX ) SAYS THAT ''THE EXECUTIVE AUTHORITIES WILL BE ACCOUNTABLE TO THE LEGISLATURE''. THE TEXT OF THE JD WAS DISCUSSED IN GREAT DETAIL DURING THE NEGOTINATIONS. THE FINAL TEXT WAS AGREED BY BOTH SIDES.
CONFIDENTIAL
10.00