2 CONSTITUTION
AND ADMINISTRATION
4
THE Hong Kong Government is headed by the Governor, who represents the Queen in the territory. He has the ultimate direction of the administration of Hong Kong. An Executive Council offers advice to the Governor on important matters of policy. At the central level of the three-tier system of representative government, the Legislative Council legislates, controls public expenditure and monitors the performance of the Administration. At the regional level, the two municipal councils provide public health, cultural and recreational services in their respective regions. At the district level, 18 district boards offer advice on the implementation of policies in their districts and provide an effective forum for public consultation. The development of these institutions has evolved over the years to meet the aspirations of the community. The 1994/95 cycle of elections further strengthened the basis of Hong Kong's electoral system established through an open and fair process.
Under the terms of the Sino-British Joint Declaration on the Question of Hong Kong, which was ratified on May 27, 1985, Hong Kong will become a Special Administrative Region of the People's Republic of China with effect from July 1, 1997.
Constitution
The Letters Patent establish the basic framework of the administration of Hong Kong. They, together with the Royal Instructions, 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 Council, 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 Council, 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 exercised only 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.
Various well-established practices determine the way in which these constitutional arrangements are applied. The Hong Kong Government seeks wide consultation with the community in determining its needs and in designing policies to meet such needs. Although from the constitutional instruments described above, Her Majesty's