TNAG-0438-FCO40-503-Visits-of-UK-Members-of-Parliament--to-Hong-Kong-including-v-1974 — Page 74

IN CONFIDENCE

HONG KONG

BACKGROUND NOTE.

1.

THE CONSTITUTIONAL STATUS OF HONG KONG

In accordance with the powers vested in him by the Letters Patent

and Royal Instructions, the Governor administers the Colony assisted by

an Executive Council and a Legislative Council.

The Executive Council consists of 5 ex-Officio, 1 Official and

8 Nominated Unofficial Members. The Governor is required to consult

the Executive Council save where matters are unimportant or too

urgent. He may act contrary to the advice given by the Council but

any such cases must be reported to the Secretary of State.

The Legislative Council consists of 4 ex-Officio, 10 Official and

15 Unofficial Members (all nominated). The Governor, as President of

the Council, has an original and a casting vote.

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

advice and consent of the Legislative Council". The Crown however

reserves the power of disallowance and the power to legislate by Order

in Council for the peace, order and good government of the Colony.

2.

NEW TERRITORIES LEASE

The historical position is that in 1841 by the Treaty of Nanking

Hong Kong Island was ceded to Britain in perpetuity, and in 1860 by the

Convention of Peking the Kowloon Peninsula was likewise ceded. The

remainder and by far the greatest land area of the present territory

of the Colony of Hong Kong was leased to Britain for 99 years by the

second Convention of Peking in 1898. This is the area known as the

The lease on the New Territories therefore expires

New Territories.

IN CONFIDENCE

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