TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 138

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Secret

Ab

Nesear

(G) TO MAKE APPOINTMENTS TO BOARDS, COMMITTEES AND GROUPS

PERFORMING STATUTORY AND ADVISORY FUNCTIONS, AS PROVIDED FOR IN HONG KONG LAW SEMICOLON

(H) TO EXERCISE POWERS DESIGNATED UNDER HONG KONG LAW ON

ADMINISTRATIVE MATTERS, E.G. THE DISPOSITION OF LAND, CLOSING OF ROADS, ETC. SEMICOLON

() TO MAINTAIN PUBLIC ORDER (JD, PARA 3()) SEMICOLON

(J) TO ACT IN ALL MATTERS IN WHICH AUTONOMOUS POWERS ARE

DELEGATED TO THE SAR, WHERE NECESSARY WITH THE CONCURRENCE OF

THE LEGISLATURE.

POWERS OF THE EXECUTIVE

19./ HONG KONG LAW ATTRIBUTES A NUMBER OF POWERS TO THE GOVERNOR

IN COUNCIL (IN EFFECT THE GOVERNOR AND MEMBERS OF THE EXECUTIVE

COUNCIL NOW OPERATES IN PRACTICE AS A COLLECTIVE DECISION MAKING

BODY (PAPER NO. 1).

20. UNDER THE JOINT DECLARATION THE EXECUTIVE IS REQUIRED TO

'ABIDE BY THE LAW AND BE ACCOUNTABLE TO THE LEGISLATURE**

TO ACHIEVE A CONVERGENCE BETWEEN THE TWO SYSTEMS, THE SAR

EXECUTIVE WOULD NEED TO BE GIVEN THE RIGHT:

·

(A) TO BE CONSULTED BY THE CHIEF EXECUTIVE ON ALL MATTERS OF

POLICY INCLUDING THE PRESENTATION OF DRAFT LEGISLATION TO THE

LEGISLATURE SEMICOLON

(B) TO EXERCISE THE POWERS PROVIDED FOR IN HONG KONG LAW.

BUDGETARY POWERS

21. ANNEX V OF THE JOINT DECLARATION ENVISAGES THE CONTINUATION

OF THE SYSTEM OF PUBLIC FINANCE IN HONG KONG. ON THIS ASSUMPTION

THE BUDGET WOULD NEED TO BE THE RESPONSIBILITY OF THE PRINCIPAL OFFICIAL RESPONSIBLE FOR FINANCIPAL AFFAIRS WHO WOULD PRESENT HIS

BUDGET AFTER CONSULTATION WITH THE CHIEF EXECUTIVE.

POWERS OF THE LEGISLATURE

22. UNDER THE JOINT DECLARATION LEGISLATIVE POWER OF THE HONG

KONG SAR NS TO BE VESTED IN THE LEGISLATURE WHICH MAY ''ON NTS

OWN AUTHORITY ENACT LAWS IN ACCORDANCE WITH THE PROVISION OF THE

BASIC LAW AND LEGAL PROCEDURES. SUCH LAWS ARE TO BE REPORTED TO THE STANDING COMMITTEE OF THE NPC FOR THE RECORD''. THE LEGISLATURE WILL ALSO HAVE THE POWER TO AMEND EXISTING LAW (JOINT DECLARATION, ANNEX P, SECTION **).

Secret

/23.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.