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Constitution and Administration
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UR
制
HONG KONG is administered by the Hong Kong Government, and its administration has developed from the basic pattern applied in all British-governed territories overseas. The head of the Hong Kong Government is the Governor. Under the terms of the Joint Declaration of the British and Chinese Governments on the question of Hong Kong which entered into force on May 27, 1985, Hong Kong will become, with effect from July 1, 1997 a Special Administrative Region of the People's Republic of China.
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Role of the Governor
The Governor is the representative of the Queen in Hong Kong. He has ultimate direction of the administration of Hong Kong and is also the titular Commander-in-Chief. As head of the government, he presides at meetings of both the Executive Council and the Legislative Council. The Governor is in close touch with the administration of the territory and exerts a major influence over the direction of affairs.
Sir Edward Youde, who had been the Governor of Hong Kong since May 1982, died suddenly in Peking on December 5, 1986. The Chief Secretary, Sir David Akers-Jones, was appointed Acting Governor pending the appointment of a new Governor.
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The Governor is appointed by the Queen and derives his authority from the Letters Patent passed under the Great Seal of the United Kingdom. The Letters Patent establish the basic framework of the administration of Hong Kong and, together with the Royal Instructions passed under the Royal Sign Manual and Signet which lay down procedures that must be followed, form the written constitution of Hong Kong. However, there are various well-established practices which substantially modify the operation of this formal constitution, so that there is extensive consultation with the community on all major issues of policy and the conduct of the administration. The combined effect of the constitution and these practices forms the practice of government in Hong Kong.
The Letters Patent create the office of Governor and Commander-in-Chief of Hong Kong, and require him to observe its laws and the instructions given to him by the Queen or the Secretary of State. They also deal with the constitution of the Executive and Legislative Councils, and the Governor's powers in respect of legislation, disposal of land, the appointment of judges and public officers, pardons, and the tenure of office of Supreme Court and District Court judges.
The Royal Instructions deal with the appointment of members of the Executive and Legislative Councils, the nature of proceedings in the Executive Council, the Governor's responsibility to consult the Executive Council and his right to act in opposition to it (a right not exercised in recent times -- see below). They also deal with the membership of, and election to, the Legislative Council, the nature of proceedings there, the format of the legislation passed by the council, and the nature of legislation which may not be passed.