TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 35

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(D) TO APPOINT AND REMOVE JUDGES SUBJECT TO THE PROCEDURES IN THE JOINT DECLARATHON, ANNEX *, SECTION **:

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(E) TO EXECUTE THROUGH THE PUBLIC SERVICE AND OTHERWISE, THE DECISIONS OF THE EXECUTIVE AND THE LAWS PASSED BY THE LEGISLATURE:

(F) TO CONSIDER STATUTORY AND ADMINISTRATIVE APPEALS, GRANT PARDONS

AND REMISSIONS OF SENTENCES: AND PERFORM SUCH FUNCTIONS UN RELATION

TO EXERTNAL LEGAL MATTERS AS THE LAW PROVEDES (E.G. N MATTERS OF

EXTRADITION, AND DEPORTATIONS, ETC);

FINAL PART OF TWO

(G) TO MAKE APPOINTMENTS TO BOARDS, COMMITTESS AND GROUPS PERFORMING STATUTORY AND ADVISORY FUNCTIONS, AS PROVIDED FOR # HONG KONG

LAW:

(H) TO EXERCISE POWERS DESIGNATED UNDER HONG KONG LAW ON ADMINISTRATIVE MATTERS, E.G. THE DISPOSITION OF LAND, CLOSING OF ROADS, ETC.:

(H) TO MAINTAIN, PUBLIC ORDER (JD, PARAGRAPH 3(**)):

(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 PN COUNCIL (N EFFECT THE GOVERNOR AND MEMBERS OF THE EXECUTIVE COUNCIL ACTING COLLECTIVELY) AND THE EXECUTIVE COUNCIL NOW OPERATES IN PRACTICE AS A COLLECTIVE DECISION MAKING BODY (PAPER NO 1).

20. UNDER THE JOINT DECLARATHON THE EXECUT-HVE AUTHORITIES ARE REQUIRED TO ABIDE BY THE LAW AND BE ACCOUNTABLE TO THE LEGISLATURE". TO ACHIEVE A CONVERGENCE BETWEEN THE TWO SYSTEMS, AN SAR EXECUTIVE WOULD NEED TO BE GIVEN THE RIGHT:

(A) TO BE CONSULTED BY THE CHIEF EXECUTIVE ON ALL MATTERS OF POLICY #NCLUDING THE PRESENTATION OF DRAFT LEGISLATION TO THE LEGISLATURE:

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

BUDGETARY POWERS

21. ANNEX V OF THE JOINT DECLARATION ENVISAGES THE CONT NAUTION OF THE SYSTEM OF PUBLIC FINANCE IN HONG KONG. ON THIS ASSUMPTION THE BUDGET WOULD NEED TO BE THE RESPONSIBLITY OF THE PRINCIPAL OFFICIAL RESPONSIBLE FOR FINANCIAL AFFAIRS WHO WOULD PRESENT HIS BUDGET AFTER CONSULTATION WITH THE CHIEF EXECUTIVE.

POWERS OF THE LEGISLATURE

22. THE PRESENT LEGISLATIVE COUNCIL HAS THE POWER TO LEGISLATE, DEBATE, QUESTION, AND VOTE FUNDS AS DESCRIBED IN PAPER 1. HMG HAS NO PLANS TO AMEND THESE POWERS.

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