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18.
Further, in accordance with the provision in the Joint Declaration that
that the executive authorities shall be accountable to the legislature,
legislature, it would be necessary for the legislature, in addition to its control over expenditure referred to in paragraph 17 (c) above, to have powers corresponding to those of the present Legislative Council to debate matters of policy and to question representatives of the executive authorities on all matters of policy and administration (paragraphs 12-13 of Note 2 refer). members would also need to be conferred with privileges and immunities corresponding to those provided under existing The role and functions of the legislature of the future SAR would thus remain substantially the same as that of the present Legislative Council.
law.
Its
19.
As regards paragraph 17(a) it will be necessary to consider whether members of the legislature, who are not government officials, should have the power to move legislation which would imply a major change in government policy, or which would have implications for the raising or expenditure of public funds.
Hong Kong's present constitutional instruments provide that any member of the Legislative Council may propose any question for debate, provided that the motion in question would not have the effect of disposing of general revenue. If the motion would have such an effect, the approval of the Governor is required before it can be formally introduced into the legislature. In the interests of ensuring that budgetary control is maintained, it may be desirable that the Basic Law include a similar provision.
G.F. 316
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