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19.
There is no specific provision in the Joint Declaration for
the Chief Executive to retain these powers. However, if he is to
fulfill effectively his responsibilities as overall Head of the SAR
Government, it would seem necessary for the Chief Executive to
retain most of the powers listed in paragraph 17 above. Items (a)
and (g) would have particular significance for the constitutional
role of the Chief Executive and are discussed in greater detail
below. Items (b) and (c) would also be important. If it were
concluded that the Chief Executive should not be the President of
the Legislature, however, it might be appropriate to transfer to the
President the powers listed in paragraph 17 (d) and (f) in addition
to the powers listed in paragraph 18.
POWERS WITH REGARD TO LEGISLATION
20.
To ensure that the authority of the Chief Executive is not
undermined as a result of the Legislature having an unfettered power
to enact legislation within its powers, a system of checks and
balances might be desirable. This might provide that Bills passed
by the Legislature should be signed and promulgated by the Chief
Executive, and that the Chief Executive may return a Bill to the
Legislature for re-consideration if he considers that its enactment
would not be in the overall interests of the SAR. It might also
provide, in the opposite direction, that if the Bill were enacted
again with the support of at least two-thirds of the members of the
Legislature, the Chief Executive would be required to sign it, even
if it were in a form which did not take full account of his views.
POWERS TO DISSOLVE THE LEGISLATURE
21.
As a further check, it may also be desirable for the Chief
Executive to retain the power to dissolve the Legislature. In
practice, though not as a rule of law, this might be if the
Legislature:
(a)
persistently declined to support policies, vote funds or
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