TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 143

21023OZ MAR

GRS 2000

SECRET

FM HONG KONG

TO DESKBY 21100OZ FCO

TELNO 850

OF 21023OZ MARCH 86

INFO IMMEDIATE PEKING

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do we have [CONSCITUTEND

PART ONE OF TWO

MY SECOND PT: REPRESENTATIVE GOVERNMENT, THE BASIC LAW AND THE 1987 REVIEW

PAPER NO. 1

THE GOVERNMENT OF HONG KONG AND NT RELATIONSHIP WITH HMG.

THE CONSTITUTION OF THE UNITED KINGDOM EMBODIES A WIDE RANGE OF

POWERS IN THE QUEEN, WHICH BY CUSTOM AND BY CONVENTION, SHE DOES NOT EXERCISE, BUT WHICH ARE IN PRACTICE EXERCISED BY PARLIAMENT AND MINISTERS. THE RESTRAINING FORCE OF CUSTOM AND CONVENTION IN THE

BRITISH SYSTEM THEREFORE BALANCES THE WRITTEN CONSTITUTIONAL RULES.

THIS ALSO APPLIES IN REGARD TO THE POSITION OF THE GOVERNOR IN HONG

KONG. THE GOVERNOR HAS ULTIMATE RESPONSIBILITY FOR THE DIRECTION OF

THE DIRECTION OF THE GOVERNMENT OF HONG KONG. HE PRESIDES OVER THE

EXECUTIVE AND LEGISLATIVE COUNCILS. THE EXECUTIVE COUNCIL IS THE

PRINCIPAL POLICY-MAKING BODY. THE LEGISLATIVE COUNCIL, SUBJECT TO THE ASSENT OF THE GOVERNOR, MAKES LAWS AND AUTHORISES PUBLIC

EXPENDITURE.

2. THE FORMAL SOURCE OF THE GOVERNOR'S AUTHORITY HS THE LETTERS

PATENT AND ROYAL INSTRUCTIONS, WHICH ESTABLISH THE FRAMEWORK OF THE

ADMINISTRATION OF HONG KONG, AND PROVIDE HONG KONG'S CONSTITUTIONAL

BASE. ARTICLE VIN OF THE LETTERS PATENT EMPOWERS THE GOVERNOR TO

MAKE LAWS FOR THE PEACE, ORDER AND GOOD GOVERNMENT' OF HONG KONG.

THE BRINTINSH PARLSHAMENT,- AND THE QUEEN IN COUNCIL (.E. THE PRIVY COUNCIL) HAVE PARALLEL AND MORE EXTENSIVE POWERS TO LEGISLATE FOR

HONG KONG. ANY SUCH LEGISLATION TAKES PRECEDENCE OVER HONG KONG LAWS,

AND ANY HONG KONG ORDINANCE HIS SUBJECT TO DISALLOWANCE BY THE CROWN.

THIS, HOWEVER, IRS THE FORMAL POSITION. THE REALTY OF THE EXERCISE OF POWER N HONG KONG IS VERY DIFFERENT. IN PRACTICE, THE POWER OF

DISALLOWANCE HAS NOT BEEN EXERCISED FOR 70 YEARS. HONG KONG GENERALLY

LEGISLATES FOR #TSELF, AND ENJOYS A MUCH GREATER DEGREE OF

AUTONOMY THAN IS APPARENT FROM READING THE CONSTITUTIONAL DOCUMENTS.

THIS INCLUDES AUTONOMY IN DECIDING ON PUBLIC EXPENDITURE AND ON THE

MEANS OF RAISING PUBLIC REVENUE.

3. THE POWERS OF HMG ALSO EXTEND TO APPROVAL OF APPOINTMENTS TO

SEMFOR PUBLIC SERVICE POSTS AND TO THE EXECUTIVE AND LEGISLATIVE

COUNCILS, BUT IT'S RARE FOR HMG NOT TO ACCEPT PROPOSALS PUT

FORWARD BY THE GOVERNOR.

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