5
ap-
small Legislative Council, which is com- posed of the Governor, who is its Presi- dent, fourteen of the top civil servants and fifteen "Unofficial Members " pointed by the Governor on the instruc- tions of the Queen, which means, of course, the British Government. Because the Governor has both an original and a casting vote on the Council and the civil servants must vote for official policy, the Unofficial Members, who are appointed to represent the community, cannot vote down any Government measure put be- fore them.
This pattern is repeated in the Executive Council which is the Governor's cabinet of advisers. The Council's principal func- tion is to advise the Governor on major matters of policy and on proposed legis- lation; although in practice he does so, he is not bound to follow its advice. The Council comprises six senior civil ser- vants, the Commander of the British Force in the Colony, and eight Unofficial Members. Most of these Unofficial Mem- bers are not on the Legislative Council, but like the Unofficials on Legislative Council they are community leaders " appointed by the Governor on the in- structions, in effect, of the Secretary of State for Foreign and Commonwealth Affairs. None of the Unofficial Members of the two Councils is elected; each holds his office at the pleasure of the Crown, although he is appointed for a specific term of years.
66
The administrative machinery for which the Governor is responsible consists of some forty Departments, each headed by a civil servant. Only a few of these de- partmental heads have seats in the Legis- lative Council. The activities of the De- partments are coordinated by the Colonial Secretariat, while planning and policy at the highest level is the responsibility of six senior civil servants of Secretary rank, headed by the Colonial Secretary. There is no nonsense about democracy in Hong Kong. There never has been. The institu- tions of colonial government remain firmly in a nineteenth century mould.
The only semi-elected body in the Colony is the Urban Council. This has twenty
four members, twelve appointed and twelve elected. There are formally twenty three categories of people entitled to vote, but obviously many of these categories overlap. Broadly, the vote is restricted to jurors, salaried tax payers, businessmen, members of the public service and local defence forces, professional people and those with certain educational qualifica- tions. Typically, the exact number of potential voters is not known. Some 34,000 voters are registered and in 1975 only 10,000 actually voted. This " apathy derives in no small part from the fact that the Council's functions and powers are extremely limited; its main responsibili- ties being public health and hygiene, the maintenance of recreational and cultural facilities, and the naming of streets. Even so, this powerless and only partially elected body represents the sum total of concessions to democracy in Hong Kong.
The formal constitutional position of the Colony provides a classic framework within which a civil service elite takes decisions for a dependent and unfran- chised population. Two further develop- ments ensure that these decisions operate in a particular direction.
a city state
First, there is the degree of independence which the Hong Kong Government has achieved from Westminster. In strict con- stitutional terms the British Government, either by Act of Parliament applying to the Colony or by Order in Council, may legislate for the Colony on any matter. Moreover, through the exercise of the royal prerogative, it may, on the advice of the Foreign and Commonwealth Office's legal advisers, secure the dis- allowance of any local Ordinance. In practice, the Hong Kong Government has achieved greater and greater autonomy in recent years. Day-to-day administra- tion, which has the greatest impact upon the lives of the people, is naturally solely a matter for local civil servants. How- ever, up to 1967 the Governor was re- quired to submit to the Secretary of State an annual return giving a complete cover- age of the state of the Colony. But in
No comments yet.
Private notes are available after approval.