TNAG-1438-FCO40-1922-Constitutional-development-in-Hong-Kong-1986 — Page 134

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The establishment of the Legislative Council and its terms of reference

The Legislative Council will comprise about 60 members, 40

percent of whom are returned by direct election and 30 percent by

functional constituencies, while the remaining 30 percent are members

possessing professional qualifications elected by the Executive Advisory

Council. The Legislative Council's terms of reference are: to supervise

the work of the executive body, to raise questions, to collect public

opinion, to examine and approve the budget and to enact and amend

legislation. Ad hoc committees will be set up under the Legislative

Council. These committees will conduct studies on various issues,

rectify the work of government departments and give constructive

comments. If they are not satisfied with the work of a certain

department, they can cast a vote of non-confidence and propose to the

chief executive to have the officer concerned replaced. The chief

executive can retain the department head under criticism but will

have to furnish an explanation for his decision. Members of the

Legislative Council should serve on a full-time basis and be paid for

their services. Their term of office is four years and they can seek

re-election for up to two terms. Their ages should range between 25

and 65. The laws enacted by the legislature must be in line with the

Basic Law and legal procedures in order to be valid.

Judiciary

,

The courts of the Special Administrative Region will exercise

their judicial power independentAN without interference from the

executive body and Legislative Council as well as the Central Government.

Members of the judiciary w not be legally responsible for the

rulings that they pronounce. Court judges serve until the age of 60 and cannot be removed from office before retirement age unless they

fail to discharge their duties for reasons of poor health or misconduct,

in which case the chief executive will act upon the recommendation of

a tribunal comprising no fewer than three local judges appointed by

the chief judge of the court of final appeal. The appointment or

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