CONSTITUTION AND ADMINISTRATION
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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 determine the way in which these constitutional arrangements are applied. For instance, although from the constitutional instruments described above Her Majesty's government would appear to exercise substantial control over the way in which Hong Kong is run, in practice the territory largely controls its own affairs and determines its own policies. Similarly the Governor, by convention, rarely exercises the full extent of his powers: Hong Kong is governed by consent and through consultation with the community.
The Letters Patent create the office of Governor and Commander-in-Chief of Hong Kong and require him to observe 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 against its advice (a right not exercised in recent times). 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 November 1, 1991, there were 10 appointed members, including one official member. Appointed members hold office for fixed periods.
The Executive Council plays a role somewhat similar to that fulfilled by the cabinet in a Westminster-style system. The council normally meets once a week, in camera, and its proceedings are confidential although many of its decisions are made public. The Governor is required by the Royal Instructions to consult the council 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. However, there is no instance in recent times of the Governor having done this. In practice, decisions are arrived at by consensus rather than by division. The depth of experience and the range of community interests represented by council members means that they are able to subject government policy to a rigorous examination before implementation. In this way potential problems can be identified and ironed-out, and legislation to enact policy tailored to reflect public aspirations and