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2.3 - 2.4
2.3
2.3.1
2.3.2
2.3.3
ADMINISTRATION OF DEPENDENT TERRITORIES
Under the OAG, cach DT has its own system of government based on local laws and customs which are embodied in legislation formulated for the most part by the local Legislature following British parliamentary procedure. Quite often, indigenous standards may prevail over accepted British ones eg in laws relating to land, property, taxes and immigration.
As laws vary in different Territories, so do their forms of government, depending on social factors, economic resources and local political consciousness. A DT pays for its own administration, grants-in-aid from the UK being restricted to the minimum required to bridge the gap between the Territory's own taxable capacity and the budgetary needs of an effective administration.
In the non-self-governing Territories, the OAG presides over an Advisory or Executive Council. This is usually composed of official members, unofficial members appointed by the OAG from among local citizens, and elected members of the legislature, chosen by the elected members to serve in the Executive Council. This is a rudimentary Cabinet or Council of Ministers; one minister is usually designated as the Chief Minister. The Legislative Assembly or Council is composed mainly of elected members, though some may be ex-officio members or members nominated by the OAG; (in Hong Kong, the Legislative Assembly is wholly appointed;) the constitution of the Assembly reflects the political maturity of the DT. It is responsible for legislation and taxation, while day-to-day administration is carried on by the OAG in Council. The OAG is normally bound to accept the advice of his Council (the exceptions are set out in each territory's constitution) and, while he may retain certain powers in relation to legislation passed by the Assembly, these powers are seldom exercised nowadays, the preferred course being to rely, if necessary, on the Secretary of State's power of dis-allowance (See para 2.6). The judiciary (the Chief Justice and Judges) are appointed by the OAG on the Instructions of The Queen, given through the Secretary of State, and have security of tenure and emoluments. The Legal Officers (Attorney General, Solicitor General and sometimes the Director of Public Prosecutions) are appointed by the OAG with the approval of the Secretary of State. Their status and emoluments are often safeguarded. The Public Service Commission, whose members are responsible to the OAG, has the task of selecting an adequate body of public servants (See Chapter 4),
2.4
2.4.1
2.4.2
CONSTITUTIONAL DEVELOPMENT
When a DT approaches independence, its constitution has usually reached full democratic growth. The OAG is still the Executive Authority but there is a fully clected Legislative Assembly and a Cabinet of Ministers presided over by a Chief Minister. The Cabinct exercises full ministerial responsibility for all Departments of government dealing with internal administration. There is sometimes a second or Upper House of Legislative Council, consisting for the most part of members nominated by the OAG in consultation with his Chief Minister. At this stage a DT is in effect fully internally self-governing, but the OAG still holds supreme Executive power and continues to retain complete control over all External Relations and Defence matters. He also controls Internal Security and is directly responsible to the Secretary of State for the maintenance of law and order in the DT. In practice, unless a crisis occurs, he seldom interferes in day to day administration.
At this stage, provided it is the clear wish of the majority of the population and there is no other inhibiting factor, the DT is ready to become independent. Before independence there is
September 1980
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