CONFIDENTIAL
in Hong Kong of a ministerial system or devolution of
powers to representatives of the local people with the
Governor being required to act on local ministerial advice.
Although the Governor is required to consult EXCO (which
has an unofficial majority and, in practice, enjoys
considerable influence) and in practice acts on its advice,
the Royal Instructions authorise him to disregard its advice.
In constitutional terms, the Executive of Hong Kong, ie the
government, is the Governor there is no other source of
-
executive power in the colony. EXCO is an advisory body
and the senior office holders are heads of a secretariat or
administrative department responsible (subject to local
laws) to the Governor. The Legislature has wide powers to
make laws, subject to disallowance, but it is not an
executive on which powers of government are conferred.
12.
However loosely the word "autonomy" may be used, it
would be difficult to assert as a matter of constitutional
law that the government of Hong Kong, or Hong Kong
(qua dependent territory) is autonomous in its external
commercial relations, or indeed in any other respect,
when the Executive power of Hong Kong is vested in an
appointee of the Crown who is subject to instructions from
the Secretary of State. This conclusion is reinforced
by a comparison with the hisory of other dependent
territories which have progressed from a gubernatorial
constitution, through stages in which their constitutions
accorded various powers of self-government to local
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