CONSTITUTION AND ADMINISTRATION
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(b) where such consultation could prejudice the interests of Hong Kong; (c) where the appointment, disciplinary control, or removal from office of a
public officer is involved.
Meetings of the Executive Council are called by the Governor, who alone decides in accordance with the Royal Instructions which matters to submit for its advice. However, should the Governor not submit a matter for the council's advice when requested by a member to do so, a record of the request and refusal must be entered in the minutes of the council.
The decision on any question which comes before the council is that of the Governor. If he decides to act in opposition to the advice given by the majority of members, he is requested to report his reasons to the Secretary of State.
The Governor in Council (that is, the Governor acting after receiving the advice of the Executive Council) is also the statutory authority for making regulations, rules and orders under a number of ordinances. The Governor in Council also considers appeals, petitions, and objections under ordinances which confer such a statutory right of appeal.
Legislative Council
This council comprises the Governor, who is both a member and president, four ex officio members (the Colonial Secretary, the Attorney General, the Secretary for Home Affairs, and the Financial Secretary), 10 official members and 15 unofficial members. With the exception of the ex officio members, all members are appointed by the Queen or by the Governor on the instructions of the Secretary of State.
The primary functions of the Legislative Council are to enact legislation and to control the expenditure of public funds. The Queen has the power to disallow laws passed by the council and assented to by the Governor. In addition, laws having effect within Hong Kong may also be made by the Parliament of the United Kingdom and by the Queen by Order in Council in exercise either of prerogative powers or of powers conferred by an English Act of Parliament.
The procedure in the Legislative Council is broadly similar to that of the House of Commons, with provisions for public debates and for questions. There is a debate on financial and economic affairs in February/March of each year during the second reading of the Appropriation Bill. A wider-ranging debate on social progress and government policy in general, normally takes place at the opening of the new session of the council in October of each year.
The Finance Committee of the council, which consists of the Colonial Secretary (Chairman), the Financial Secretary, the Director of Public Works and all the unofficial members of the Legislative Council, considers requests for the supplementary pro- vision of funds, and meets in private once a fortnight on average.
Judiciary
Under powers conferred on the Governor by the Supreme Court Ordinance, the Chief Justice, the Senior Puisne Judge and the puisne judges of the Supreme Court