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PREDECESSORS IF WE WERE TO GET BUSINESS THROUGH LEGCO.
(5) PROPER BUSINESS OF LEGCO IS TO ENACT LAWS AND APPROVE EXPENDITURE. A STANDING COMMITTEE (FINANCE COMMITTEE) ALREADY IN EXISTENCE TO DEAL WITH GOVERNMENT'S EXPENDITURE PROPOSALS. ON ENACTMENT OF LAWS, HITHERTO LEGCO FORMED AD HOC GROUPS TO EXAMINE SPECIFIC BILLS. THESE AD HOC GROUPS HAVE NO FORMAL CONSTITUTIONAL POSITION, AND NO CLEAR RULES FOR PROCEEDINGS AND DEBATE. ADOPTION OF A STANDING COMMITTEE SYSTEM TO DEAL WITH BILLS WOULD NOT BE A FUNDAMENTAL CHANGE TO THE SYSTEM, NOR WOULD IT GIVE LEGCO MORE POWERS THAN IT ALREADY HAS. ALTHOUGH WE HAVE IN NO SENSE INSTIGATED THE PROPOSED CHANGES NOW UNDER DISCUSSION, WE THINK THAT A MORE FORMAL COMMITTEE STRUCTURE WITH CLEARER TERMS OF REFERENCE, PROCEDURES, RULES AND TIME LIMIT FOR DEBATE, MAY WELL ASSIST IN DESPATCHING LEGCO BUSINESS MORE SPEEDILY AND
EFFICIENTLY.
(6)
INEVITABLY, WHEN LEGCO DEALS WITH BILLS, IT WILL ALSO CONSIDER THE POLICIES THAT LAY BEHIND THEM. THIS IS ALREADY THE
CASE NOW. NO/NO QUESTION OF LEGCO ASSUMING A POLICY FORMULATION/DETERMINATION ROLE. THIS WILL REMAIN FIRMLY IN THE HANDS OF THE GOVERNMENT. AS CS SAID IN POLICY ADDRESS DEBATE IN LEGCO RECENTLY: ''POLICY MAKING WILL CONTINUE TO REST WITH THE ADMINISTRATION WORKING WITHIN GUIDELINES ESTABLISHED BY THE GOVERNOR ON THE ADVISE OF THE EXECUTIVE COUNCIL.''
(7)
WE HAVE NO CONCEIVABLE INTEREST IN GIVING MORE POWER TO LEGCO, NOR DO WE WANT TO PASS THE INITIATIVE TO LEGCO. BUT LEGCO IS A REALITY WE HAVE TO DEAL WITH: WE NEED THEIR SUPPORT TO GET LAWS ENACTED AND MONEY VOTED. BL ENSHRINES A SYSTEM OF SEPARATION OF POWERS BETWEEN THE EXECUTIVE AND THE LEGISLATURE, AND THE PRINCIPLE OF ACCOUNTABILITY OF THE EXECUTIVE TO THE LEGISLATURE. OUR TASK NOW IS TO FIND WAYS IN WHICH THAT SYSTEM WILL BE ABLE TO
WORK IN PRACTICE.
(8)
NO/NO DANGER HOWEVER OF DEVELOPING AN AMERICAN STYLE CONGRESSIONAL COMMITTEE SYSTEM. CONSTITUTIONAL LIMITS TO LEGCO'S POWERS SET OUT IN THE LETTERS PATENT AND ROYAL INSTRUCTIONS WILL NOT PERMIT THIS.
(9)
LEGCO MEMBERS ARE STILL CONSIDERING THEIR WAY FORWARD. WE WILL OF COURSE TRY TO KEEP YOU IN THE PICTURE AS A CLEARER PICTURE EMERGES FROM LEGCO DISCUSSIONS. ULTIMATELY, MATTER FOR LEGCO TO DECIDE ON ITS OWN.
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