18
CONSTITUTION AND ADMINISTRATION
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. For instance, although from the constitutional instruments described above, Her Majesty's Government would appear to have absolute power over the affairs of Hong Kong, in practice Hong Kong for the most part is left to run itself with a high degree of autonomy. Similarly, the Governor by convention rarely exercises the full extent of his powers: there is extensive consultation with the community on all major issues of policy and the conduct of the administration. Hong Kong thus enjoys a unique form of government by
consensus.
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.
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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 against its advice (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. The Standing Orders of the Legislative Council, made under the authority of Royal Instruction XXIII, provide how Bills are to be passed.
Central Government
Executive Council
The Executive Council consists of four ex-officio members the Chief Secretary, the Commander British Forces, the Financial Secretary and the Attorney General - together with other members who are appointed by the Governor with the approval of the Secretary of State. As at December 31, 1987 there are 10 appointed members, including one official member. Appointed members hold office for fixed periods.
The council meets at least once a week, in camera, and its proceedings are confidential, although many of its decisions are made public. In theory, the function of the council is to advise the Governor, who is required by the Royal Instructions to consult it on all important matters of policy. Subject to certain procedures being followed, the Royal Instructions allow the Governor to act against the advice of the council and to refuse a member's request that a specific matter be put before the council. There is no instance in recent times of the Governor having done either of these things. In practice, policy is decided corporately. The Governor in Council – the Governor acting in consultation with the Executive Council – is Hong Kong's central and most important executive authority.
In addition to policy matters, the Governor in Council decides appeals, petitions and objections under those ordinances which confer a statutory right of appeal. The council also considers all principal legislation before it is introduced into the Legislative Council, and is responsible for making subsidiary legislation (regulations) under numerous ordin- ances. The council's advice on matters of policy involving the expenditure of public funds is subject to the approval of the necessary funds by the Finance Committee of the Legislative Council.