3.23.
mechanisms at this present stage, but I have noticed that OMELCO has indicated that:-
"The existing political structure in Hong Kong has many unwritten
conventions which are strictly observed
These
constitutional conventions have proved to be effective in encouraging a co-operative working relationship which avoids. unnecessary confrontation, ensuring the support of the
legislature for policy decisions and that policy decisions have regard to the views of the legislature.
And so I wonder whether it might it be possible to bring similar understandings into play between the SAR Government and the CPG?
C.
Promoting Predictability between the CPG and the SAR
In a British system, the role of conventions has been described in the following way:-
"It has been necessary for the legislature and the executive to act in harmony if the government is to be carried on efficiently. It is in order to effect this object that constitutional conventions, which have varied from age to age, have been devised. Today, as in the past, much of the practical working of the constitution depends less upon substantive law enforced by the courts than upon conventional usages founded partly upon the precedents afforded by history and partly upon the needs of the time ... The rules and principles embodied in these conventional usages
are now
mainly directed towards ensuring that the government of the country is controlled by a ministry and Cabinet chosen by the electorate, which, while remaining responsible to the electorate and so acting in conformity with public opinion, are not unnecessarily hampered in their action either by lack of funds or by inability to procure the legislation they require
Before thinking how a system of conventions might operate in the CPG/SAR context, it is necessary to posit the four principles which, according to the CPG, will guide its action in relation to the SAR. Thus, in the relationship between the CPG and the region, the existence of certain conventions would need to be in accordance with the principles of
-
-
One country, two systems
High degree of autonomy
Hong Kong people administering Hong Kong
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Maintenance of stability and prosperity.