CONSTITUTION AND ADMINISTRATION

18

Electoral System for the District Organisations

The Basic Law has also stipulated that district organisations may be established in the HKSAR to advise the government on district administration and other affairs, or to be responsible for providing services in such fields as culture, recreation and environmental sanitation. The powers and functions of these organisations and the method for their formation shall be prescribed by law. The relevant legislation for the formation of the District Councils is being examined by the Legislative Council.

Electoral Affairs Commission

An independent statutory body, the Electoral Affairs Commission, was set up in September 1997 to ensure that elections in the HKSAR are conducted openly, honestly and fairly. It comprises three politically neutral persons appointed by the Chief Executive and is headed by a High Court judge. It is responsible for making recommendations to the Chief Executive on the delineation of geographical constituencies, making regulations on practical arrangements for elections, and handling complaints relating to elections. The commission's executive arm is the Registration and Electoral Office, a government department headed by the Chief Electoral Officer. The department works under the commission's direction and carries out its decisions.

Working Relationship of the HKSARG with the MFA Office

Article 13 of the Basic Law of the HKSAR provides that:

The Central People's Government (CPG) shall be responsible for the foreign affairs relating to the HKSAR.

The Ministry of Foreign Affairs of the People's Republic of China shall establish an office in Hong Kong to deal with foreign affairs.

The CPG authorises the HKSAR to conduct relevant external affairs on its own in accordance with this law.

The Office of the Commissioner of the Ministry of Foreign Affairs (MFA Office) is a working organisation established by the CPG in Hong Kong to deal with foreign affairs. Since reunification, the HKSARG has established effective communications with relevant departments of the MFA Office in handling external affairs of the HKSAR. Both parties are committed to close co-operation and working in strict accordance with the Basic Law.

In more specific terms, contacts between the HKSARG and the MFA Office relate in the main to the following areas:

(a) participation in international organisations and conferences

where necessary,

the approval of the CPG will be sought in accordance with the Basic Law. For instance, CPG approval will be required if the HKSAR wishes to join an international organisation limited to states as an observer (BL 152);

(b) negotiation and conclusion of international agreements with foreign states and regions where necessary, the CPG's authorisation will be obtained in accordance with the relevant provisions of the Basic Law. For example, specific CPG authorisation will be required for the negotiation and conclusion of Air Services Agreements with foreign states (BL 133); and

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