CONFIDENTIAL
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(iii) ExCo/LegCo
10 members of ExCo are currently members of LegCo (4
officials, 3 appointed, 3 elected). The overlap used to be even greater when both Councils were largely appointed.
- The OMELCO system formalises this overlap (represents
non-officials on both Councils).
- After 1995 there will be no appointed members on LegCo, so
if the interface between the 2 Councils is to continue ExCo
will have to draw more fully on the elected members of
LegCo.
POSSIBLE INNOVATIONS
2. The following ideas have not been discussed with Hong Kong. Advice (including legal advice) from Hong Kong will be necessary in due course in order to refine them and to ensure their practicability. Their purpose would be:-
to modify the traditional ExCo/LegCo relationship, so as
to give elected members of LegCo the opportunity of contributing to the policy-making process, without cutting across the formal separation of powers provided for in the Basic Law and so endangering convergence.
thereby to give Martin Lee and the liberals a constructive voice in key decisions, short of bringing them onto ExCo.
- to make the administration, headed by the Governor, more
open and accountable to the Hong Kong community and its
representatives.
(i) The Governor/LegCo
The Governor could answer questions in LegCo in an arrangement similar to Prime Minister's question time in Westminster. The frequency of these sessions would need to be carefully judged, so as not to undercut the authority of the Branch Secretaries (which needs building up in preparation for 1997). It would also be important not to
BANAEN/2
CONFIDENTIAL