TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 108

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CATABJ

SECRET

(e)

to

execute, through the public service and

otherwise, the decisions of the executive and the

laws passed by the legislature;

(£)

to consider statutory and administrative

appeals, grant pardons and remission of sentences:

and perform such functions in relation to external

legal matters as the law provides (e.g. in matters of extradition, and deportations, etc);

(g) to make appointments to boards, committees 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;

(i)

to maintain public order (JD,

paragraph

3 (II);

(j)

powers

autonomous

to act in all matters in which

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 (in 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 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:

SECRET

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