XN000022-1985-05-19 — Page 3

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SUNDAY, MAY 19, 1985

EXCO, IN SHORT, IS THEREFORE RESPONSIBLE FOR ALL POLICY DECISIONS RESULTING IN THE NAME OF THE GOVERNOR IN COUNCIL. AND WHERE THESE POLICIES TOUCH ON LEGISLATION, THE RELEVANT BILL IS PRESENTED TO THE LEGISLATIVE COUNCIL - HONG KONG'S LAW MAK ENG BODY, MADE UP, AGAIN, OF OFFICIALS AND PRIVATE INDIVIDUALS CONSIDERATION, PRIOR TO APPROVAL.

FOR

DISCUSSIONS IN EXCO ARE SECRET. AT THE TIME ANY ITEM IS BROUGHT UP FOR DISCUSSION, ANY MEMBER WITH AN INTEREST TO DECLARE DOES SO AND RETIRES FROM THE ROOM, UNLESS INVITED BY THE GOVERNOR FOR SPECIAL REASONS TO REMAIN.

THE PUBLIC SERVANTS WHO PRODUCED THE PAPER, ALONG WITH ANY NECESSARY EXPERTS, ENTER THE CHAMBER TO ANSWER ANY QUESTIONS ASKED BY MEMBERS. THE SENIOR UNOFFICIAL, WHO IS INVARIABLY CHINESE, AND WHO HAS A PARTICULAR STANDING IN BOTH THE COUNCIL AND THE COMMUNITY, STARTS THE DISCUSSIONS, AND OTHER MEMBERS STATE THEIR VIEWS. THE DEBATE CONTINUES UNTIL USUALLY A CONSENSUS EMERGES- IF NOT, A STRAW VOTE IS TAKEN OR THE DECISION DEFERRED.

FINALLY, THE GOVERNOR ANNOUNCES HIS DECISION, WHICH THE CLERK RECORDS IN THE MINUTES.

LATER, ON RECEIPT OF THE RELEVANT MINUTE, THE GOVERNMENT MACHINERY STARTS TO IMPLEMENT THE DECISION. WHERE LEGISLATION IS CONCERNED, THE PROPOSAL GOES FORWARD, FOR INTRODUCTION INTO THE LEGISLATIVE COUNCIL.

EXCO COMPRISES THE GOVERNOR, FOUR EX-OFFICIO MEMBERS OF THE ADMINISTRATION WHO ARE: THE CHIEF SECRETARY, THE COMMANDER BRITISH FORCES, THE FINANCIAL SECRETARY, AND THE ATTORNEY GENERAL -- AND 11 NOMINATED MEMBERS: TWO OFFICIAL, BEING THE SECRETARY FOR DISTRICT ADMINISTRATION, AND THE SECRETARY FOR TRADE AND INDUSTRY, AND NINE PRIVATE INDIVIDUALS FROM THE COMMUNITY.

UNOFFICIALS MAKE UP THE MAJORITY OF EXCO. BUT BY PREROGATIVE UNDER THE ROYAL INSTRUCTIONS, IT IS THE GOVERNOR WHO DECIDES WHAT MATTERS SHOULD BE PUT BEFORE THE COUNCIL.

IF A MEMBER SHOULD REQUEST THE DISCUSSION OF A SPECIFIC MATTER AND THE GOVERNOR REFUSES HIM PERMISSION, THEN A RECORD

OF BOTH THE REQUEST AND THE REFUSAL MUST BE ENTERED IN THE MINUTES OF THE COUNCIL, IF THE MEMBER SO DESIRES.

CONSTITUTIONALLY, EXCO ADVISES THE GOVERNOR, WHO THEN MAKES A DECISION. IF THE GOVERNOR DECIDES TO ACT AGAINST THE ADVICE OF THE MAJORITY OF MEMBERS, HE IS REQUIRED TO REPORT THE REASONS TO THE SECRETARY OF STATE.

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THE GOVERNOR IN COUNCIL · THE GOVERNOR ACTING AFTER CONSULTING THE EXECUTIVE COUNCIL ALSO CONSIDERS APPEALS PETITIONS AND OBJECTIONS UNDER THOSE ORDINANCES WHICH CONFER A STATUTORY RIGHT OF APPEAL.

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