TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 109

CATABJ

SECRET

(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

the powers provided for

provided for in Hong

Kong law.

BUDGETARY POWERS

21.

Section V of Annex 1 to the Joint Declaration

envisages the continuation of the system of public finance

in Hong Kong. On this assumption the budget would need to

of be the responsibility for the principal official

responsible for financial affairs who would present his budget after consultation with the Chief Executive. Mabl

part of Bwa

22.

The present Legislative Council has

the power to legislate, debate, question and vote funds as described in

Paper 1.

23.

Under Section II of Annex 1 to the Joint Declaration

legislative power of the Hong Kong SAR is to be vested in

the legislature which may "on its own authority efact 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 1, Section 1) the

legislature will need the right to debate all issues 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

expenditure: the

accountable to it for all

existing system of auditing

public

public

SECRET