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The Government of Hong Kong and its Relationship with H.M.G.
The Governor as the representative of the Queen, has
ultimate direction of the administration of Hong Kong and is
He presides over the
the titular Commander-in-Chief.
The
Executive Council and the Legislative Council. The Executive
advisay Council is the principal policy making body. The Legislative
Council makes laws and authorises public expenditure.
Governor is appointed by the Queen, and derives his authority
from the Letters Patent, which establish the framework of
the administration of Hong Kong and, with the Royal Instructions
form the constitution of Hong Kong.
2.
Under this constitution Hong Kong enjoys "conditional"
autonomy. Article VII of the Letters Patent empowers the
Governor, acting together with the Legislative Council to make
laws "for the peace, order, and good government of the
Colony", which in practice grants a large measure of autonomy,
However, Parliament has unrestricted powers to legislate for
Hong Kong and any such legislation takes precedence over
Hong Kong laws. Further, any Hong Kong ordinance is subject
to disallowance by the Crown. These powers alone are SO
extensive that if used to the full, they would negate the
autonomy of the Hong Kong legislature. In practice, they
have very rarely been exercised, and Hong Kong enjoys a
much greater degree of autonomy than appears from mere study
of the constitution. Hong Kong is autonomous by convention,
despite the strict provisions of its constitution.
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