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THE RELATIONSHIP BETWEEN THE EXECUTIVE AND THE LEGISLATURE
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1.
The Joint Declaration states in Clause 3(3) that "The Hong
Kong Special Administrative Region will be vested with executive, legislative and independent judicial power". Paragraph 3 of Section
I of Annex I to
the Joint Declaration states that "The
"The executive
authorities shall abide by the law and shall be accountable to the
legislature".
2.
Section I of Annex I also prescribes that "The legislative power of the Hong Kong Special Administrative Region shall be vested in the legislature of the Hong Kong Special Administrative Region".
3.
Paragraph 2 of Section V of Annex I prescribes that "The systems by which taxation and public expenditure must be approved by
the legislature, and by which there is accountability to the legislature for all public expenditure, and the system for auditing public accounts, shall be maintained".
The Present Arrangements
4.
The first of the three papers handed to Foreign Minister Wu
Sir Geoffrey Howe Xueqian by the Secretary of State] in May set out the present arrangements in Hong Kong. It explained that although the Executive
Council and Legislative Council exercise different functions, a close relationship and cooperation between them is essential to the
efficient conduct of business. The smooth working of the Government
requires that the executive and legislature function in partnership.
The fact that a number of unofficials and officials are members of
both Councils and other officials sit in
in the Legislative Council
provides linkage and communication between them and between the
Legislative Council and the Government.
5.
The advantages to the Executive Council of the existing relationship between the two Councils and of having members of the
Executive Council on the Legislative Council are that:
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