TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 139

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23. SINCE THE EXECUTIVE IS TO BE

''ACCOUNTABLE'

'' TO THE

LEGISLATURE (JOINT DECLARATION, ANNEX 4, SECTION (1) *HT WILL NEED THE RIGHT TO DEBATE ALL ISSUES OF POLICY AND TO POSE QUESTIONS TO

THE EXECUTIVE ON ALL MATTERS OF POLICY AND ADMINISTRATION.

24. UNDER THE JOINT DECLARATION THE LEGISLATURE WILL CONTINUE TO

APPROVE TAXATION AND PUBLIC EXPENDITURE AND THE EXECUTIVE WILL BE

ACCOUNTABLE TO IT FOR ALL PUBLIC EXPENDITURE: THE EXISTING SYSTEM

OF AUDITING PUBLIC ACCOUNTS IS ALSO TO BE MAINTAINED (JOINT

DECLARATION, ANNEX V).

25. HMG HAS NO PLANS TO AMEND THE POWERS OF THE LEGISLATIVE COUNCIL

WHICH HAS THE POWER TO LEGISLATE, DEBATE, QUESTION, AND VOTE FUNDS DESCRIBED ABOVE. THERE SHOULD THEREFORE BE LITTLE PROBLEM OVER

CONVERGENCE BETWEEN THE POWERS OF THE EXISTING LEGISLATIVE COUNCIL

AND THE LEGISLATURE OF THE SAR.

POWER OF ASSENT

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26. THE JOINT DECLARATIBN DOES NOT PROVIDE FOR ANY POWER OF

ASSENT TO BE EXERCISED BY THE CHIEF EXECUTIVE. SINCE THE GOVERNOR,

WHO AT PRESENT EXERCISES THIS POWER, HAS IN LIVING MEMORY

INVARIABLY ASSENTED, THE DROPPING OF THE POWER OF ASSENT SHOULD

CAUSE NO DIFFICULTY. THE QUESTION OF WHETHER A LAW MIGHT BE HELD

TO BE NOT IN ACCORDANCE WITH THE PROVISIONS OF THE BASIC LAW

(JOINT DECLARATION, ANNEX, SECTION MI) WILL NEED TO BE DEALT

WITH IN THE CONTEXT OF THE JUDICIAL SYSTEM.

27.THE GOVERNOR HAS THE POWER TO DISSOLVE THE LEGISLATIVE

COUNCIL. PROVISION WILL NEED TO BE MADE FOR THE SITUATION IN WHICH

THE POLICIES ENDORSED BY THE CHIEF EXECUTIVE AND HIS EXECUTIVE

ON MAJOR MATTERS FAIL TO RECEIVE THE SUPPORT OF THE LEGISLATURE.

THERE ARE A NUMBER OF OPTIONS:

(A) THE POWER TO DISSOLVE THE LEGISLATURE COULD BE GIVEN TO THE

CHIEF EXECUTIVE.

(B) THERE MIGHT OTHERWISE BE A PROVISION REQUIRING THE EXECUTIVE

TO REVIEW SUCH POLICIES, AND IN THE EVENT OF THE EXECUTIVE

DECIDING TO MAINTAIN THEM REQUIRING A VOTE OF CONFIDENCE IN

THE LEGISLATURE. IN THE EVENT OF THE CHIEF EXECUTIVE FAILING TO

OBTAIN A VOTE OF CONFIDENCE EITHER

(#) THERE WOULD BE A DISSOLUTION SEMICOLON OR

(UN) THE CONSULTATIVE COLLEGE COULD BE CALLED TO ADJUDICATE

ON WHETHER THERE SHOULD BE A DISSOLUTION, OR THE CHIEF

EXECUTIVE CALLED ON TO RESIGN SEMICOLON OR BOTH.

PRESIDENCY OF THE LEGISLATURE

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