TNAG-0103-FCO40-139-Briefs-and-background-notes-for-Lord-Shepherd-1967 — Page 74

CONFIDENTIAL

BACKGROUND NOTES

CONSTITUTION

NO. 3

Hong Kong is administered by the Governor, assisted by entirely

nominated Executive and Legislative Councils, over which the Governor

prosides.

2. The Executive Council consists at the present time of five ex-officio

nonbers and one official member, together with eight unofficial members.

Four of the latter are Chinese, three are European and one cones from tho

Portuguese community.

30 The Governor is required to consult with the Executive Council save

where matters are unimportant or too urgent. He may act contrary to the

advice given by the Council, but in such cases must report fully to the

Secretary of State.

4. The Legislative Council consists of twelve official and thirteen

unofficial nenbers (all nominated); of the latter nine are Chinese, three

are European and one Indian. The Governor, as President, has an original

and a cesting vote. One of the unofficials is nominated by the Justices of

the Peace and one by the Hong Kong Chamber of Commerce. Membership of the

Council has been limited in practice to British subjects although it is

not so limited by the constitutional instruments.

5,

All Unofficials are members of the Finance Committee.

6. The power to legislate rests with the Governor "by and with the

advice and consent of the Legislative Council". There are the usual

reservations to the Crown of the power of disallowance, and of the power

to legislate by Order in Council for the peace, order and good government

of the Colony.

Constitutional Reform

7. Constitutional reform in Hong Kong was considered after the war but

/was

CONFIDENTIAL