CONSTITUTION AND ADMINISTRATION
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Constitution
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.
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, the Governor's powers in respect of legislation, the 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 on important policy matters, and his right to act against its advice (a right only exercised once, in 1946). They also deal with the membership of, and election to, the Legislative Council, the nature of proceedings there, and the nature of legislation which may not be passed.
There are various well-established practices which determine the way in which these constitutional arrangements are applied. Hong Kong is governed by consent and through consultation with the community. Although from the constitutional instruments described above, Her Majesty's Government would appear to have 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.
Role of the Governor
The Governor is appointed by the Queen and derives his authority from the Letters Patent. He has ultimate direction of the administration of Hong Kong and is also the titular Commander-in-Chief of the British Forces stationed in Hong Kong. He makes policy decisions on the advice of the Executive Council, and makes laws by, and with the consent of, the Legislative Council. As head of the government, he presides at meetings of the Executive Council. The present Governor, the Right Honourable Christopher Patten, assumed office on July 9, 1992, and is the 28th incumbent.
The System of Government Executive Council
the Chief Secretary, the
The Executive Council comprises three ex-officio members Financial Secretary and the Attorney General — and 10 other members appointed by the Governor with the approval of the Secretary of State, including one official. The council normally meets once a week, 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. The Governor in Council the Governor acting after consulting the Executive Council is Hong Kong's central and highest executive authority on policy matters. In practice, decisions are arrived at by consensus rather than by division. Members tender their advice in an individual capacity, and the council is collectively responsible