TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 36

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23. UNDER SECTION OF ANNEX # TO THE JOINT DECLARATION LEGISLATIVE

POWER OF THE HONG KONG SAR IS TO BE VESTED MN THE LEGISLATURE WHICH

MAY ''ON BTS OWN AUTHORITY ENACT LAWS IN ACCORDANCE WITH THE

PROVISIONS OF THE BASIC LAW AND LEGAL PROCEDURES, AND REPORT THEM

TO THE STANDING COMMITTEE OF THE NPC FOR THE RECORD!'. THE

LEGISLATURE WILL ALSO HAVE THE POWER TO AMEND EXISTING LAW.

24. SINCE THE EXECUTIVE IS TO BE **ACCOUNTABLE'' TO THE LEGISLATURE

(JOINT DECLARATION, ANNEX IN, SECTION #P) #FT WILL NEED THE RIGHT

TO DEBATE ALL HSSUES OF POLICY AND TO POSE QUESTIONS TO THE

EXECUTIVE ON ALL MATTERS OF POLICY AND ADMINISTRATION.

25. UNDER THE JOINT DECLARATION THE LEGISLATURE WILL CONTINUE TO

APPROVE TAXATION AND PUBLIC EXPENDITURE AND THE EXECUTIVE WILL BE

ACCOUNTABLE TO INT FOR ALL PUBLIC EXPENDITURE: THE EXISTING SYSTEM

OF AUDITING PUBLIC ACCOUNT IS ALSO TO BE MAINTAINED (JOHNT

DECLARATION, ANNEX V).

26. THERE SHOULD THEREFORE BE LITTLE PROBLEM OVER CONVERGENCE

BETWEEN THE POWERS OF THE EXISTING LEGISLATIVE COUNCIL AND THE

LEGISLATURE OF THE SAR.

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 ETHER

(:) THERE WOULD BE A DISSOLUTION: OR

(B) THE CONSULTATIVE COLLEGE COULD BE CALLED TO ADJUDICATE ON

WHETHER THERE SHOULD BE A DISSOLUTION, OR THE CHIEF EXECUTIVE

CALLED ON TO RESIGN: OR BOTH.

PRESIDENCY OF THE LEGISLATURE

28. SOME PROVISION WILL NEED TO BE MADE FOR THE PRESIDENCY OF

THE LEGISLATURE. GIVEN THE POWERS AND DUTIES OF THE CHIEF

EXECUTIVE UNDER THE JOINT DECLARATION, AND THE FACT THAT HE AND

THE EXECUTIVE AUTHORITIES ARE TO BE ACCOUNTABLE TO THE LEGISLATURE

HT WOULD NOT BE APPROPRIATE FOR HIM TO PRESIDE OVER IT. AS PRESIDENT

HE COULD NOT INTERVENE IN THE PROCEEDINGS OF THE LEGISLATURE.

PROVISION MIGHT THEREFORE BE MADE FOR THE LEGISLATURE TO SELECT

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