TNAG-1357-FCO40-1798-Constitutional-development-in-Hong-Kong-1985 — Page 49

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THE GOVERNOR

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5. THE CONSTITUTIONAL POWERS OF THE GOVERNOR IN HONG KONG ARE EXTENSIVE. HOWEVER, IN THE SAME WAY AS HMG BY CONVENTION DOES NOT EXERCISE ITS FULL POWERS WITH REGARD TO THE GOVERNANCE OF HONG KONG, THE GOVERNOR BY CONVENTION DOES NOT EXERCISE HMS FULL POWER WITHIN HONG KONG. HE INVAR MABLY ACTS ON POLICY MATTERS #IN ACCORDANCE WITH THE ADVICE OF THE EXECUTIVE COUNCIL. HE HAS NOT HN RECENT TIMES REFUSED ASSENT TO ANY BILL PASSED BY THE LEGISLATIVE COUNCIL. HE CONSULTS WIDELY ON ALL MAJOR ISSUES. HE RESPECTS ABSOLUTELY THE DISCRETION OF THE ATTORNEY GENERAL IN MATTERS OF PROSECUTION. *N THE EXERCISE OF HIS POWERS IN REGARD TO THE PUBLIC SERVICE, HE VERY RARELY, IF EVER, DECLINES THE RECOMMENDATION OF

THE PUBLIC SERVICE COMMISSION.

6. THE DIFFERENCE BETWEEN THE THEORETICAL CONSTITUTIONAL POWERS OF HMG AND THE GOVERNOR, AND THE WAY IN WHICH THEY ARE NOW EXERCISED MS A VITAL ONE. THE DOCUMENTS DESCRIBE AN AUTHORITARIAN REGIME OF THE CLASSIC COLONIAL PATTERN. THE PRACTICE, BY NOW LONG- STANDING CONVENTION, 4S OF GOVERNMENT BY CONSULTATION, AND LEGISLATION BY CONSENT OF THE LEGISLATURE. IT IS NOT ALWAYS EASY FOR THOSE OUTSIDE HONG KONG TO APPRECIATE FULLY THE EXTEND AND IMPORTANCE OF THIS DISTINCTION.

EXECUTIVE COUNCIL

7. THE EXECUTIVE COUNCW AT PRESENT CONSISTS OF FOUR EX-OFFICIO MEMBERS - THE CHIEF SECRETARY, THE COMMANDER BRITISH FORCES, THE FINANCIAL SECRETARY AND THE ATTORNEY GENERAL, AND 10 APPOINTED MEMBERS (8 UNOFFICIAL, 2 OFFICIAL) WHO ARE APPOINTED BY THE GOVERNOR WITH THE AUTHORITY OF THE SECRETARY OF STATE. APPOINTED MEMBERS HOLD OFFICE FOR FIXED PERIODS. THERE IS A CLEAR UNOFFICIAL MAJORITY. THE COUNCIL ADVISES THE GOVERNOR, WHO IS IN GENERAL REQUIRED BY THE ROYAL INSTRUCTIONS TO CONSULT IT ON ALL IMPORTANT MATTERS OF POLICY. THE COUNCIL'S ADVICE ON MATTERS OF POLICY *HNVOLVING THE EXPENDITURE OF PUBLIC FUNDS IS SUBJECT TO THE APPROVAL OF THE NECESSARY FUNDS BY THE FINANCE COMMITTEE OF THE LEGISLATIVE COUNCIL. THE COUNCIL ADVISES UPON ALL PRINCIPAL LEGISLATION BEFORE IT IS INTRODUCED INTO THE LEGISLATIVE COUNCIL, AND IT IS RESPONSIBLE FOR MAKING SUBSIDIARY LEGISLATION (REGULATIONS) UNDER A NUMBER OF ORDINANCES.

8. UNDER THE ROYAL INSTRUCTIONS IT IS THE PREROGATIVE OF THE GOVERNOR TO DECIDE WHAT MATTERS SHOULD BE PUT BEFORE THE COUNCIL. SHOULD A MEMBER REQUEST THE DISCUSSION OF A SPECIFIC MATTER AND SHOULD THE GOVERNOR REFUSE HMS PERMISSION, THEN A RECORD OF BOTH THE REQUEST AND THE REFUSAL MUST BE ENTERED IN THE MINUTES OF THE COUNCIL, SHOULD THE MEMBER SO DESIRE IF THE GOVENOR DECIDES TO

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ACT AGAINST THE ADVICE OF THE MAJORITY OF MEMBERS, HE IS REQUIRED TO REPORT HMS REASONS TO THE SECRETARY OF STATE. IN PRACTICE, THE GOVERNOR HAS NOT DECLINED TO ACCEPT THE ADVICE OF COUNCIL WITH PN LIVING MEMORY : NOR HAS THERE BEEN ANY DISPUTE OVER THE AGENDA.

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