TNAG-0525-FCO40-620-Visit-of-UK-Members-of-Parliament-(Defence-and-External-Affa-1975 — Page 162

"

his

The Governor legislates "by and with the advice and consent of" a Legislative Council (known as LCO) of 29 members comprising 4 of the ex officio members of BXC 10 other officials and 15 unofficials. The official and unofficial members are appointed by the Governor with the consent of HLIG. Questions before

LECCO are decided by a majority of votes. The Governe has both an original and casting vote which in fact means that the Government has an official majority in the Council.

5. The unofficial members of the Executive and Legislative Councils form the coherent (though not constitutionally recognised) body known as UMELCO,

Seeks to represent

which

sees itself as the "popular"rypresentative Hong Kong interests. The functions of UMELCO

in fact more akin to those of ministers than beek-benchers, although the analogy cannot be carried too far. They work very closely with senior officials both behind the scenes and in public, on the preparation or Jegislative and in a wide field of administrative

clivity and popular formation. They also have an

"function

orldsman official having an office to deal with representations from the public.

Constitutionally, it is open to both HG and the

policies on Hong Kong agamit the koste v evernor to impose their verument('. AMG Cha

Hong Kong Government completely

$

nong by by-passing the merricials by making legitting

- Order-in-Council in the United Kingdom, or The Gove an over-riding the views of the unofficials by using the Official majority in LEGCU. However, there have been

recent precedents for tat courses of action.

st

We believe that the last time the Governor of Hong Kong neled against EXCO's advice was in 1946 on a

1

Lion issue and even theng he did not have to use biicial majority in the legislative Council for

ral unofficial members changed sides in mid-stream Heever, the circumstances existing in the colony in 1946 were so different from those of today that this can hardly be considered a precedent.

7.

Therefore, although the constitutional powers do exist, the Governor in practice governs by reaching

{ consensus with the unofficial members of his Legislative and Executive Councils. Where the views

/ of the

of he

Contrera

い

"

the wife on bot)

V

را

1

1186 D073815 140M 5,74 Cr.P.C. Gp.839/3

NOTHING TO BE WRITTEN IN THIS MARGIN