CO537-1651 — Page 83

CO537 Colonial Confidential Records 理藩院機密檔案 All

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to which, in view of general depression in trade, there was considerable public opposition.

Roughly equivalent to the Cabinet, in that (a) all major questions of policy are discussed there, (b) it has to sanction all Government bills before introduction to the legislature, is the Executive Council of six Official members (five ex officio and one by appointment) and three Unofficials. It works under oath of secrecy, meets regularly once a week and, in addition, decides many questions by circulation of papers. But here again the analogy breaks down in that this Council does not (as in Ceylon for example) consist wholly of responsible heads of departments or Ministers. There are moreover strict rules regarding the reporting to the Colonial Office of any substantial opposition to Government in Executive Council, and an unofficial member who felt himself strongly against Government in some vital matter would have no alternative to resignation.

Besides this "Cabinet-like" function the Executive Council, pro- perly in this case described as "Governor in Council", has certain statutory powers for making Regulations on questions of detail within the scope of specific enabling sections in the particular Ordinances in question. It has no say in the penalty clauses attached to such legis- lation but otherwise those Regulations, unless referred back when laid before Legislative Council, have full authority.

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Under the Colonial Regulations the Executive Council has (as in other Colonies) certain disciplinary powers over senior Government officers charged with offences not amenable to the ordinary Criminal Iaw.

In the matter of legislation the United Kingdom procedure is generally followed: publication of the draft Bill in the Gazette; introduction with an explanatory speech generally by the Attorney General but no debate, followed by first reading; debate on general principles at a subsequent meeting; second reading; committee stage (whole Council with Governor remaining in the Chair) to consider the Bill clause by clause; third reading and passing. Thereafter the Governor's formal assent gives full authority to the Ordinance in question subject only, at a later date, to His Majesty's non-disallowance. Under the Letters Patent the prior approval of the Secretary of State is necessary before legislation is introduced dealing with divorce, merchant shipping and a few other subjects. Otherwise the Legislative Council, with the Governor's subsequent assent, has full authority to decide what must or must not be done within the jurisdiction and to impose penalties en- forceable in the local courts of justice.

All land is held on leases of varying terms (mostly nowadays 75 years renewable) from the Crown, and there is no freehold, When an application for Crown Iand is received it is usual to fix the Crown Rent on a zonal basis and then to put the lease up to public auction, the property going to the person who bids the highest single prémium. Such auctions are open to bidders of all nationalities and races, though there was up to the Japanese invasion, a European reservation in the Hill district (now, it is understood, abolished). Very occasionally (in the case of extensions of existing leases for example) sale by pri- vate treaty without auction is authorized; and peppercorn rent is not unknown in the case of charitable institutions. Iand in the New Terri- tories oan of course only be alienated for terms of years not exceeding the lease which terminates in 1998.

The preparation of the annual Budget of Revenue and Expenditure is one of the principal functions of the Legislative Counoil and hitherto it has generally been possible to balance the figures even in years when a heavy outlay on public works (waterworks, roads, hospitals and the new Prison) has been necessary; so that the public debt was, prior to 1939, only about one million pounds sterling. In spite of this taxation has

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