THIS,'

AND COMMUNICATION BETWEEN THE EXECUTIVE AND THE LEGISLATURE THROUGH- OUT THE PROCESS OF POLICY FORMULATION, AND THAT SUCH POLICIES AND THE RESULTANT LEGISLATION RECEIVE THE WIDEST POSSIBLE SUPPORT. HOWEVER, NS AN ADMINISTRATIVE MATTER WHICH WOULD NOT NEED TO BE STIPULATED IN THE BASIC LAW.

13. SECTION OF ANNEX

¿

TO THE JOUNT DECLARATION PROVIDES THAT ''THE EXECUTIVE AUTHORINTHIES SHALL ABIDE BY THE LAW AND SHALL BE

WHILE THE TERM ''EXECUT INE ACCOUNTABLE TO THE LEGISLATURE'? AUTHOR:ITHES'' MS NOT SPECIFICALLY DEFINED, IT WOULD APPEAR THAT THUS PROVES HON WOULD BE MET BY MAINTENANCE OF A SYSTEM SIMILAR TO THE PRESENT ONE, THE ESSENTIAL ELEMENTS OF WHICH ARE THAT THE LEGISLATURE HAS THE POWER:

(A) TO DEBATE MATTERS OF POLICY:

(B) TO QUESTION THE ADMINISTRATION ON PUBLIC MSSUES FOR WHICH :HT

•MS RESPONSIBLE :

(C) TO CALL THE ADMINISTRATION TO ACCOUNT FOR THE EXPENDITURE OF PUBLIC FUNDS.

14.

IN PRACTICE, THE TEN GOVERNMENT OFFICIALS WHO ARE MEMBERS OF THE LEGISLATIVE COUNCIL ARE REGULARLY CALLED UPON TO ANSWER

OTHER QUEST LONS AND TO REPRESENT THE GOVERNMENT POSITION IN DEBATE. OFFICIALS MAY BE CALLED TO ATTEND MEETINGS OF THE COUNCIL'S STANDING COMMITTEES (THE FINANCE AND PUBLIC ACCOUNTS COMMITTEES) AND OF THE TWO SUB-COMMITTEES OF THE FINANCE COMMITTEE.

15. THE GOVERNMENT OFFICIALS WHO ARE MEMBERS OF THE LEGISLATIVE COUNCIL ALSO PLAY AN IMPORTANT ROLE IN INTRODUCING GOVERNMENT BUSINESS AND LEGISLATION INTO THE COUNCIL. THE PARTICIPATION OF OFFICALS IN THE WORKINGS OF THE COUNCIL IS THUS A DISTINCT IWE FEATURE OF THE PRESENT RELATIONSHIP BETWEEN THE EXECUTINE AND THE LEGISLATURE. WHILE IT WOULD BE POSSIBLE FOR OFFICIALS TO ATTEND BEFORE THE LEGISLATURE WITHOUT BEING MEMBERS, CONSIDERATION WOULD NEED TO BE GIVEN TO APPROPRIATE ARRANGEMENTS FOR THE INTRODUCTION OF GOVERNMENT BUSINESS AND LEGISLAT:NON, FUNCTIONS WHICH HAVE HITHERTO BEEN CARRIED OUT ONLY BY FULL MEMBERS OF THE LEGISLATIVE COUNCAL.

16.

ONE POSSIBILITY IS THAT AS SUGGESTED IN NOTE 2 OF OCTOBER 1986,* THE BASIC LAW MIGHT PROVIDE FOR A SYSTEM WHEREBY KEY SENHOR OFFICIALS COULD BE PRESENTED FOR ELECT-KON TO THE LEGISLATURE BY THE GEC, ALONG THE LINES SUGGESTED IN PARA 11(B) ABOVE. IT IS NOT POSS«I«BLE», HOWEVER, TO BE CERTAIN AT THIS STAGE THAT SUCH AN OPTION WOULD BE ACCEPTED GENERALLY IN HONG KONG. HE HT WERE CONSIDERED THAT WT WOULD NOT BE CONSISTENT WITH THE JOINT DECLARATION FOR GOVERNMENT OFFICIALS TO CONTINUE TO BE MEMBERS OF THE LEGISLATURE, THE OPT-LONS WOULD SEEM TO BE FOR THE BASIC LAW TO PROVIDE EITHER :

(A)

FOR GOVERNMENT BUSINESS TO BE INTRODUCED BY ''UNOFFIC.NAL** MEMBERS OF THE LEGISLATURE, ON BEHALF OF THE ADMINISTRATION: OR

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