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for it is the Governor who is constitutionally responsible
for every executive act of the Government (with a few strictly
defined exceptions). The Governor exercises his authority
through the Chief Secretary, as head of the civil service,
and a head of department is, therefore, answerable to the
Chief Secretary. The Chief Secretary delegates his authority
over a head of department to the appropriate Secretary (because
obviously, these days, he cannot exercise it all himself). Α head of department is, therefore, obliged to comply with such
instructions as a Secretary may give him, not because the Secretary is necessarily senior to him and there are five heads of departments who are equal in rank to Secretaries but because they are, in effect, the Governor's instructions. Operational control, that is to say, the way in which agreed policy is implemented day by day, is the responsibility of the
head of department.
17.
I should stress that the rationale which I have just described for the exercise of authority by a Secretary is not
affected by the fact that the Governor, or the Chief Secretary (and, of course, the Financial Secretary in the exercise of his responsibilities) may often deal directly with a head of department on specific matters, or by the right of a head of department to appeal on any points to the Chief Secretary or, through the Chief Secretary, to the Governor.
(4) External Inputs
18.
So much for the organisation of Government's internal
administration which I have described by reference to the role
of the Governor and his three principal advisers, the Government
Secretariat and executive departments, and by defining the
relationships between them.
But, in doing so, I have not yet presented a complete picture of the decision-making process in Hong Kong. The reason is that, in the absence of an orthodox parliamentary system, the community is associated directly with the decision-making process by a network of some
400 advisory bodies extending downwards and outwards from the
Executive Council, which advises the Governor on policy and
the Legislative Council, which advises the Governor on legislation.
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