4.26.
4.27.
(a)
(b)
(c)
"Accountability" is used either with differing meanings or as an obligation to obey.
If it is used with differing meanings, one of them is neutral, and one is an obligation to obey.
At no time is the word used as an obligation to report alone.
And, therefore,
(d) The Chinese view contained in paragraph 4.24 (which mandates the
obligation to report) is one I would like to raise in Beijing.
In relation to "accountability", I wonder if there could be a role here for conventions? Accountability and good working relations may be closely intertwined in a system such as Hong Kong's? OMELCO has said: -
"The existing political structure has many unwritten conventions
which are strictly observed. For example, the Governor does not act contrary to the majority advice of the Executive Council nor refuse his assent to bills passed by the Legislative Council. There are overlapping memberships between the Executive and Legislative Councils and close consultation between the Government. and non-Government Members of the Executive and Legislative Councils. 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.
"Members, therefore, deem it desirable and necessary that the
political structure of the future HKSAR should retain the advantages of the existing system, close co-operation between the executive and the legislature should be fostered, and that, at the same time, reasonable and sufficient checks and balanges should be provided to prevent abuse of power by either organ.
I hope that the Working Group will consider these issues.
(c) Appointment of Chief Executive
The provisions concerning the appointment of the Chief Executive may not necessarily be quite what they appear to be either. Article 45 provides, inter alia:-
The Chief Executive
shall be selected by election or through consultations held locally and be appointed by the
CPG.