TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 24

GRS 2000

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FM HONG KONG

TO DESKBY 27090OZ FCO TELNO 939

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николи

RECEIVED IN REGISTRY

OF 2703OOZ MARCH 86 INFO IMMEDIATE PEKING...

PART ONE OF TWO

V

- 4 APR 1986

DESK OFFICER

INDEX

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

1. THE FOLLOWING IS THE REVISED TEXT OF THE PAPER IN HONG KONG TELNO 850:

PAPER NO. 1

THE GOVERNMENT OF HONG KONG AND

ITS RELATIONSHIP WITH HMG

THE CONSTITUTION OF THE UNITED KINGDOM EMBODYES A WIDE RANGE OF POWERS IN THE QUEEN, WHICH BY CUSTOM AND BY CONVENTION, SHE DOES NOT EXERCISE, BUT WHICH ARE ON PRACTICE EXERCISED BY PARLIAMENT AND MINISTERS. THE RESTRAINING FORCE OF CUSTOM AND CONVENTION 44 THE BRITISH SYSTEM THEREFORE BALANCES THE WRITTEN CONSTITUTIONAL RULES. SIMILAR PRACTICES APPLY IN REGARD TO THE POSITION OF THE GOVERNOR IN HONG KONG. THE GOVERNOR HAS ULTIMATE RESPONSIBILITY FOR THE DIRECT HON 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 PS THE LETTERS PATENT AND ROYAL INSTRUCTIONS, WHICH ESTABLISH THE FRAMEWORK OF THE ADMINISTRATION OF HONG KONG, AND PROVIDE HONG KONG'S CONSTITUTIONAL BASE. ARTICLE WHB OF THE LETTERS PATENT EMPOWERS THE GOVERNOR TO MAKE **LAWS FOR THE PEACE, ORDER AND GOOD GOVERNMENT** OF HONG KONG. THE BRITISH PARLIAMENT, AND THE QUEEN

•PN COUNCIL (P.E. THE PRIVY COUNCIL) HAVE PARALLEL AND MORE EXTENSHWE POWERS TO LEGISLATE FOR HONG KONG. ANY SUCH LEGISLATION TAKES PRECEDENCE OVER HONG KONG LAWS, AND ANY HONG KONG ORDENANCE IS SUBJECT TO DISALLOWANCE BY THE CROWN. THIS, HOWEVER, 'S ONLY THE FORMAL POSITION. THE REALITY OF THE EXEFCISE OF POWER IN 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.

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