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Dissolution of the Legislative Council
13.
Such a power
The
Under the present system the Governor has the power to
dissolve the Legislative Council.
in exists
many
systems as a a means of resolving a deadlock between the Executive and
the Legislature in the event of fundamental and irreconcilable dispute over the budget, leading to the legislature refusing to vote
funds, or
legislation. to agree major government policies or
to operates power
executive
legislature to avoid deadlock, and as a means to resolve such a deadlock should it occur. It has never been exercised, at least in living memory, in Hong Kong nor has any situation arisen which might have led the Governor to contemplate exercising it.
14.
Executive.
provide
an
to incentive
both
which can
and
The same power of dissolution could be given to the Chief Alternatively some other mechanism for the resolution of
a deadlock if it occurred, might be adopted. (See paper 2,
There are also mechanisms paragraph 27)
for provide
automatic dissolution, eg if the legislature fails to pass the budget on it being presented to them the second time; or the Chief Executive refuses to sign a law passed by the legislature with a prescribed minimum of votes (eg two thirds of the total membership of the legislature). There are other possibilities. Whatever system is adopted it should by its nature provide an incentive to a resolution of disputes, rather than a means by which one side might seek to gain advantage over the other.
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