TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 67

SECRET

FM HONG KONG

TO DESKBY 2709OOZ FCO TELNO 938

OF 27030OZ MARCH 86

INFO IMMEDIATE PEKING

FINAL PART OF TWO

(G) TO MAKE APPOINTMENTS TO BOARDS, COMMITTESS AND GROUPS PERFORMING STATUTORY AND ADVISORY FUNCTIONS, AS PROVIDED FOR IN 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.:

(1) 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

IN COUNCIL (AN EFFECT THE GOVERNOR AND MEMBERS OF THE EXECUT I'VE

COUNCIL ACTING COLLECTIVELY) AND THE EXECUTIVE COUNCIL NOW OPERATES

IN PRACTICE AS A COLLECTIVE DECISMON MAKING BODY (PAPER NO 1).

20. UNDER THE JOINT DECLARATION THE EXECUTIVE 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

INCLUDING 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 CONTINAUTION

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.

خونگاه