hrough legislation by the Hong Kong SAR. There has been some criticism in Hong Kong of the drafting of other parts of Chapter III of the Basic Law to the effect that they are inconsistent with Article 38. However, it is not clear that there are substantive
The problem might be cured by redrafting.
difficulties.
(e) The political system
A number of options are left open for discussion in Chapter IV
on the political structure and in the Annexes (I on the method for
selecting the Chief Executive; II on the composition of the
legislative; and III on the formation of the first SAR Government).
People in Hong Kong thus have the opportunity to comment on a range
of options or, indeed, to put forward other suggestions. It does
not appear that any of the options in the draft is contrary to the
Joint Declaration.
On the accountability of the executive to the legislative, the draft Basic Law makes specific provisions:
Article 43: "The Chief Executive of the Hong Kong SAR shall
be accountable to the Central People's Government and the Hong
Kong SAR in accordance with the provisions of this Law".
Article 64: "The executive authorities of the Hong Kong SAR
must abide by the law and shall be accountable to the
Legislative Council of the Hong Kong SAR".
The relationship between the executive and the legislature is an important and complex issue. In devising arrangements for the
future SAR, there is a need to have regard to the present system
which has worked well and is suited to the unique circumstances of
Hong Kong. It would not necessarily be appropriate simply to import a system practised elsewhere, founded on a different political tradition. The key need is for a system which provides for checks
and balances, as well as cooperation between the executive and the
legislature.