XN000022-1988-07-13 — Page 10

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WEDNESDAY, JULY 13, 1988

BUT IT WAS DIFFICULT TO PREDICT WHETHER THE CHIEF EXECUTIVE ELECTED WOULD IN PRACTICE HAVE THE SUPPORT OF THE MEMBERS OF LEGISLATIVE COUNCIL, HE POINTED OUT.

I

SO

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"IT IS IMPORTANT THAT THE CHIEF EXECUTIVE SHOULD HAVE SUPPORT OF THE MAJORITY OF THE LEGISLATIVE COUNCIL, OTHERWISE THE IIKSAR GOVERNMENT WILL ENCOUNTER GREAT DIFFICULTIES IN CARRYING OUT ADMINISTRATIVE WORK, AND END UP BEING AN INEFFECTIVE GOVERNMENT, DR HO SAID.

DR HO AGREED THAT THE EXECUTIVE AUTHORITIES AND THE LEGISLATURE SHOULD BE INDEPENDENT OF EACH OTHER, CREATING SOME SORT OF CHECKS AND BALANCES TO ENSURE THAT THE GOVERNMENT SHOULD OPERATE IN A SMOOTH AND FAIR MANNER.

NEVERTHELESS, HE SUGGESTED THAT CONSIDERATION SHOULD BE GIVEN TO SLIGHTLY EXTENDING THE TERMS OF REFERENCE OF THE LEGISLATURE.

ARTICLE 72(9) OF THE DRAFT BASIC LAW STATED THAT IN THE EVENT OF SERIOUS BREACH OF LAW OR DERELICTION OF DUTY BY THE CHIEF EXECUTIVE, THE LEGISLATURE MIGHT FOLLOW CERTAIN PROCEDURES TO RAISE A MOTION OF IMPEACHMENT AGAINST THE CHIEF EXECUTIVE, AND REPORT IT ΤΟ THE CENTRAL PEOPLE'S GOVERNMENT FOR DECISION.

AS OTHER PRINCIPAL OFFICIALS MIGHT ALSO SERIOUSLY BREACH THE LAW OR DE DERELICT IN THEIR DUTIES, E FELT THAT THE SCOPE OF IMPEACHMENT SHOULD BE EXTENDED TO INCLUDE THESE OFFICIALS AS WELL.

DR HO SAID ACTS OF ABUSE OF POWER BY SENIOR OFFICIALS MIGHT LEAD TO INJUSTICES.

HE SAID IF THE LEGISLATURE WAS ΤΟ FREELY CARRY OUT ITS MONITORING FUNCTION, IT MUST BE GIVEN SUFFICIENT POWER то CARRY OUT

INVESTIGATIONS.

THUS THE OBJECTIVE SPECIFIED IN THE JOINT DECLARATION THAT THE EXECUTIVE AUTHORITIES SHOULD BE ACCOUNTABLE TO THE LEGISLATURE WOULD

BE ATTAINED.

"UNDER THE CIRCUMSTANCES, ARTICLE 72 OF THE DRAFT BASIC LAW MUST BE AMENDED TO EXTEND THE POWERS AND FUNCTIONS OF THE LEGISLATURE AND ALLOW IT TO SET UP STANDING PANELS AND AD HOC GROUPS.

"SUCHI POWERS HAVE IN FACT BEEN PARLIAMENT AND THE HONG KONG LEGISLATIVE THEIR PRESENT MODE OF OPERATION, HE SAID.

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ENJOYED BY COUNCIL AS

THE

BRITISI

EVIDENCED BY

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