II COMPIDEITOR
VISIT TO HONG KONG BY THE TENTORE OF TRANSPOLI HP HON, NORMAN WOLLEN KP,
26/2
APNIL 1980
HKK026
ERIET NO 2: CONSTITUTIONAL AND POLITICAL BACKGROUND
ROUND ABUSI
1.
Hong Kong consists of three areas!-
(a) · Hong Kong Island, which china ceada to Britain in perpetuity in 1852 by the Treaty of Nanking;
(b)
(c)
Kowloon and Stonecutters' Islands, which are similarly coded in 1860 by the First Convention of Peking; and the New Territories, which China leased to Britain. for 99 years in 1898 by the Second Convention of
Peking.
Its total land area is 404 square miles and it has a population of approximately 4.8 million (of whom 98% may be described as Chinese on.the basis of language and culture).
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2. Hong Kong is a Crom Colony and the Secretary of State for Foreign and Commonwealth Affairs is directly responsible to Parlia ment for its government. Hong Kong is itself administered, under the Letters Patent and the Royal Instructions, by a Governor, an Executive Council and a Legislative Council.
3. The Governor has wide powers under the constitution, including the power to make laws (called Ordinances') for the "peace, order end good government of the Colony". The Crown reserves the power of disallowance in respect of all ordinances enacted in Hong Kong and to legislate for the Colony by Order in Council. In practice, no post- war British Government has exercised this power.
4. The Governor is advised by an Executive Council (known as "BXCO" of 15 members, comprising:-
(b)
(a) 5 Ex-officio members (the Chief Secretary, the Financial Secretary, the Commander of the British Forces, the Attorney-General, and the Secretary for Home Affairs); and · 10 other members appointed by the Governor who may be either Official (ie members of the Hong Kong Government) or Unofficial, (At present there are 9 Unofficials and 1 official.) the Governor is constitutionally required to commit Exeo on all matters except those he considers
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