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CONFIDENTIAL
11. The Executive the administration - will be. the Chief Executive, his principal officials and the departments of the governments of the SAR. The Executive Council under the Basic Law is to be an organ for assisting the Chief Executive in policy making. It is my understanding of the Basic Law, and the drafting makes this reasonably clear, that the Executive Council is to be similar to the present Executive Council, ie it is essentially an advisory body. The responsibilities of government are to be conferred on the "executive authorities" which do not include the Executive Council. Executive responsibility therefore will not be part of the function of the Executive Council any more than it is today. Such advantage as there is in seeking to enhance the position of members of the Executive Council in a truly executive role will therefore be limited.
12.
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As regards the legislature, the paper again concentrates on people and at the expense of the institution itself. not criticising the need to encourage members of the legislature in responsible attitudes, though I think that in doing this, it would be wise to encourage the devolution of Executive power to people who are principally Hong Kong belongers so that the legislature does not have HM as a whipping boy when it is frustruated by the Chinese or otherwise.
13. However, it does seem to me that the order in paragraph 25 of the objectives does under-estimate the need to take account, at least by 1995, of the fact that the Executive will not be directly represented in the legislature and provision will need to be made for that purpose and the following years used as a practice in getting to terms with the consequences and the separation of executive and legislative powers. In this aspect there should be reference to the need for reserve powers for the Executive at least of the kind set out in Article 51 of the basic law.
14.
As regards the Judiciary, it has been my understanding that it has all along been the intention to have the Final Court of Appeal functioning before 1997. Hence the need for a further Hong Kong Bill to remove the right of petition to the Queen.
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