TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 144

clarity

4. PRACTICE, HMG EXERCISES ITS POWERS ONLY IN RELATION TO CONSTITUTIONAL ISSUES, TO MATTERS CONCERNED WITH HONG KONG'S EXTERNAL RELATIONS (OTHER THAN COMMERCIAL) AND SECURITY: TO THE APPOINTMENTHOF THE MOST SENIOR PERSONNEL AND JUDGES: AND ITS RESERVE POWERS IN SPECIFIED MATTERS SUCH AS BANKING. EVEN ON THESE MATTERS, THERE IS, IN PRACTICE, A HIGH DEGREE OF MUTUAL TRUST AND FREQUENT INFORMAL CONSULTATION BETWEEN THE GOVERNOR AND THE SECRETARY FOR STATE AND THEIR SENIOR OFFICIALS ON SUCH MATTERS. THERE IS NO QUESTION OF HONG KONG BEING RULED BY DECREE FROM LONDON, EVEN WHERE THE FORMAL POWER TO DO SO STILL EXISTS. HONG KONG IS LEFT TO CONDUCT GOVERNMENT BUSINESS ON ALL OTHER MATTERS WITHOUT REFERENCE

TO LONDON.

is that Custo

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Cons lituller?

THE GOVERNOR.

5. THE/CONSTITUTIONAL POWERS OF THE GOVERNOR IN HONG KONG ARE EXTENSIVE. HOWEVER, IN THE SAME WAY AS HMG IN PRACTICE DOES NOT EXERCISE HTS FULL POWERS WITH REGARD TO THE GOVERNANCE OF HONG KONG,

THE GOVERNOR IN PRACTICE DOES NOT EXERCISE HIS FULL POWERS WITHIN

HONG KONG. HE INVARIABLY ACTS ON POLICY MATTERS IN ACCORDANCE WITH

THE ADVICE OF THE EXECUTIVE COUNCIL. HE HAS NOT IN RECENT TIMES

REFUSED ASSENT TO ANY BILL PASSED BY THE LEGISLATIVE COUNCIL. HE

CONSULTS WIDELY ON ALL MAJOR ISSUES. HE RESPECTS ABSOLUTELY THE

DISCRETION OF THE ATTORNEY GENERAL IN MATTERS OF PROSECUTION. IN

THE EXERCISE OF HIS POWERS PN REGARD TO THE PUBLIC SERVICE, HE VERY RARELY, IF EVER, DECLINES TO ACCEPT THE RECOMMENDATION OF

THE PUBLIC SERVICE COMMISSION.

6. THE CONSTITUTIONAL DOCUMENTS DESCRIBE THE WIDE RANGE OF POWERS

OF HMG AND ITS NOT EASY FOR THOSE OUTSIDE HONG KONG (OR INDEED

EVEN INSHUDE HONG KONG) TO APPRECIATE THAT MANY OF THESE POWERS ARE

NOTABLE FOR NOT MN FACT HAVING BEEN EXERCISED. IN REGARD TO THE

GOVERNOR, THE CONSTITUTION DESCRIBES AN AUTHORITAR-FAN REGIME OF THE

CLASSIC COLONNAL PATTERN. THE LONGSTANDING PRACTICE OF GOVERNMENT

BY WIDE CONSULTATION, AND WITHIN THE LEGISLATIVE PROCES ITSELF OF CONSULTATION WITH THE UNOFFICIALS (WHICH AVONDS OPEN CONFLICT), S NOT REFLECTED IN THE DOCUMENTS. TO UNDERSTAND WHY HONG KONG WORKS,

HT IS NECESSARY TO UNDERSTAND THESE CONSTITUTIONALLY UNWRITTEN BUT

WELL ESTABLISHED PRACTICES. THE GOVERNMENT OF HONG KONG HAS HAD TO

CONVINCE THOSE OVER WHOM IT EXERCISED AUTHORITY THAT IT WAS DOING SO

IN THE BEST INTERESTS OF THE COMMUNITY AS A WHOLE. IF IT HAD NOT

BEEN ABLE TO DO SO, HONG KONG WOULD NOT HAVE DEVELOPED AS

SUCCESSFULLY AS IT HAS.

EXECUTIVE COUNCIL.

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7. THE EXCUTIVE COUNCIL AT PRESENT CONSISTS OF FOUR EX-OFF1CHO MEMBERS - THE CHIEF SECRETARY, THE COMANDER BRITISH FORCES, THE FINANCIAL SECRETARY AND THE ATTORNEY GENERAL AND 10 APPOINTED

MEMBERS (8 UNOFFICIAL, 2 OFFICIAL) WHO ARE APPOINTED BY THE GOVERNOR

WITH THE AUTHORITY OF THE QUEEN. APPOINTED MEMBERS HOLD OFFICE FOR

FIXED PERIODS. THERE IS A CLEAR UNOFFICIAL MAJORITY. THE COUNCIL

Secret

ADVISES