TNAG-1287-FCO40-1638-Constitutional-development-in-Hong-Kong-1984 — Page 67

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Chapter 6 The Executive Council

46.

The main function of the Executive Council is to advise the Governor on matters of policy. In recent years the Governor has never failed to accept the advice of the Council on such matters, and members take the initiative in proposing matters and in calling for papers from the Administration for consideration by the Council. As a consequence it has in effect become collectively the policy making body for matters within its competence. Its secondary functions are to make subsidiary legislation and to consider appeals and petitions under various ordinances. No significant changes in the Council's present role and functions appear to be necessary.

47.

At present the Executive Council is composed of four ex-officio members

the Chief Secretary, the Commander British Forces, the Financial Secretary and the Attorney General and twelve appointed members, two of whom are officials appointed ad personam and ten of whom are Unofficials. The Governor presides over the

Council.

48.

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Three of

of the four ex-officio members of the Executive Council, i.e. the Chief Secretary, the Financial Secretary and the Attorney General, are ex-officio members of the Legislative Council. Five of the Unofficial members of the Executive Council and the two officials appointed ad personam are also currently members of the Legislative Council. Although there is no formal provision in the Letters Patent or the Royal Instructions for such dual membership of both Councils, it is a long established tradition that several senior (or former) members of the Legislative Council should also be appointed as members of the Executive Council. In this way a close link is maintained between the two Councils.

49.

In order to move away from dependence on the present system of the appointment of members of the Executive Council by the Governor and to introduce 2 representative element into the Executive Council it is proposed that, by 1991, at least eight of the Unofficial members of the Executive Council should be elected by the Unofficial members of the Legislative Council from among their Own number. This will achieve two objectives - first, it will extend representative status to the Executive Council by building upwards from the base of existing institutions and secondly it will establish a more direct relationship between Executive Council and the Legislative Council.

the