TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 137

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INCREASED AUTHORITY IF, ONCE T HAD BEEN SELECTED BY THE CHIEF EXECUTIVE, HE SOUGHT A VOTE OF CONFIDENCE, COLLECTIVELY, FROM THE LEGISLATURE. IF THE EXECUTIVE DID NOT ENJOY THE CONFIDENCE OF THE LEGISLATURE IT WOULD HAVE DIFFICULTY IN SECURING THE PASSAGE OF LAWS AND IN RAISING REVENUE (SEE PARAS 22 AND 24 BELOW).

THE LEGISLATURE

15. THE JOINT DECLARATION PROVIDES THAT THE LEGISLATURE OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION SHALL BE CONSTITUTED BY ELECTIONS. THE METHODS OF ELECTION, AT LEAST IN GENERAL TERMS, WOULD NEED TO BE SPECIFIED IN THE BASIC LAW. DEPENDING ON DEVELOPMENTS (SEE PARA 16 BELOW) IT MIGHT BE SPECIFIED THAT ELECTIONS SHOULD INCLUDE BOTH DIRECT AND INDIRECT ELECTIONS.

16. INDIRECT ELECTIONS ARE ALREADY USED IN HONG KONG IN SELECTING PART OF THE MEMBERSHIP OF THE LEGISLATIVE COUNCIL. DIRECT ELECTIONS ARE USED AT THE DISTRICT AND URBAN COUNCIL/REGIONAL COUNCIL LEVEL. WHETHER TO INTRODUCE THEM FOR A PROPORTION OF MEMBERS AT THE

LEGISLATIVE COUNCIL LEVEL WILL BE (DECIDED IN THE LIGHT OF THE

1987 REVIEW (PAPER NO. 2).

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17. SOME ARRANGEMENTS WILL ULTIMATELY HAVE TO BE MADE FOR THE SEATS NOW OCCUPIED BY APPOINTED MEMBERS.

POWERS OF THE GOVERNOR/CHIEF EXECUTIVE

18. THE POWERS EXERCISED BY THE GOVERNOR ARE SET OUT 'N PAPER NO. 1. CERTA-IN POWERS ARE ALSO ASCRIBED TO THE CHIEF EXECUTIVE IN THE JOINT DECLARATION. A CONVERGENCE BETWEEN THE TWO WOULD NEED TO

PROVIDE FOR THE EXERCISE OF THE FOLLOWING POWERS:

(A) TO NOMINATE MEMBERS OF THE EXECUTIVE SEMICOLON

(B) TO PRESIDE OVER THE MEETINGS OF THE EXECUTIVE SEMICOLON

(C) TO NOMINATE THE PRINCIPAL OFFICIALS (JD ANNEX *, SECTION *}

SEMICOLON

(D) TO APPOINT AND REMOVE JUDGES SUBJECT TO THE PROCEDURES IN THE

JOINT DECLARATION, ANNEX, SECTION HII. SEMICOLON

(E) TO EXECUTE, THROUGH THE PUBLIC SERVICE AND OTHERWISE, THE DECISIONS OF THE EXECUTIVE AND THE LAWS PASSED BY THE LEGISLATURE SEMICOLON

(F) TO CONSIDER APPEALS, GRANT PARDONS AND REMISSIONS OF

SENTENCES SEMICOLON AND PERFORM SUCH FUNCTIONS IN RELATION TO EXTERNAL LEGAL MATTERS AS THE LAW PROVIDES (E.G. IN MATTERS OF EXTRADITION, AND DEPORTATIONS, ETC.) SEMICOLON

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