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the powers theoretically available to him through the Letters Patent and the Royal Instructions. It noted, in particular, that the Governor has, for many years, invariably acted on policy matters in accordance with the advice of the Executive Council; respects absolutely the right of the Attorney General in regard to decisions on prosecutions; and, in the exercise of his powers in regard to the public service, rarely (if ever) declines to accept the recommendations of the Public Service Commission.
16.
Paper II of May 1986 gave preliminary consideration, having regard to the powers ascribed to the Chief Executive in the Joint Declaration, to the specific powers which would need to be provided in the Basic Law if convergence is to be achieved. These are now discussed in greater detail.
17.
The general responsibilities of the Chief Executive, exercised by virtue of the Basic Law, might be described as being :
(a) to represent the Hong Kong SAR;
(b)
to head and direct the Hong Kong SAR Government;
18.
(c)
(a)
in all matters within the powers conferred on him by the Basic Law, to ensure the good government of the SAR and the proper implementation of the basic policies
enshrined in the Joint Declaration;
in doing so, to act in accordance with the advice of the Executive Council (see Note 2) or to place on record his reasons for not accepting the Council's advice.
то accord with the provisions of the Joint Declaration, the specific powers and functions of the Chief Executive, as head of the SAR Government, should include:
(a) to nominate members of the Executive Council for appointment by the Central People's Government and to chair the Council;
(b)
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(c)
(a)
to direct the work of the public service;
to nominate principal officials and advisers of equivalent rank for appointment by the Central People's Government;
to appoint and dismiss other public servants, subject to this power being exercised only in accordance with the advice of an independent Public Service Commission;
/cont'd. ...
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