23. The Council of Government Advisers will play no direct part in the enactment of legislation though the presence of a number of Government Advisers on the Legislative Council will clearly have an influence on legislation.
24. Life membership will enhance the independence of the Council in the exercise of its powers. Furthermore, appointments for a fixed term would create an incentive for the abuse of the power of appointment by the Governor. Appointment for life will reduce this danger. The power of disallowance of the Central People's Government will also guard against abuse of the power of appointment by the Governor. The rules of operation of the Council would provide for the election of a Chairman, and for the exclusion of those who became incapacitated physically or mentally.
25. The concept of a body of elders is a common one in Hong Kong tradition, in China and even in, a form, in Britain. The Tung Wah Advisory Board is seldom required to act nowadays but it owes its existence to the belief that while a current Board of Directors may be trusted to run the organisation there should be a body of distinguished citizens with some powers of supervision. Similar institutions are found in many other social organisations. In China the Council of Advisers in Beijing, which is a party organisation, plays much the same role. The National and Provincial People's Political Consultative Councils also act as an influence on the actions of the government. In Britain the parallel is with the House of Lords.
26. The soundness of the system will depend on convention or unwritten rules. In appointments the Governor will, by convention, choose men and women of proven merit no longer playing an active, leading part in society. As membership would carry with it a public recognition of achievement, the status could only be sustained by limiting numbers, again by convention. Building in a reliance on convention to a constitution may seem risky but much more than this can be regulated by convention as we can see elsewhere.
27. The Council of Government Advisers will have an important part to play in the matter of amendments to the detail of the Basic Law. It is proposed that the Basic Law contain specific provisions relating to the amendment of the Basic Law itself. Amendments may not be inconsistent with the basic policies of the People's Republic of China stated in the Joint Declaration but amendments of detail may be required periodically.
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