TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 113

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4.

to

In practice, HMG exercises its powers only in relation

constitutional issues, to matters concerned with Hong Kong's

external relations (other than commercial) and security: To the

appointment of the most

of the most senior personnel and judges; and to certain

limited areas, eg currency and banking matters) where under the Royal

Instructions the Governor cannot assent to a Bill without prior

consultation with HMG. Even on these matters, there is in practice

a high degree of mutual trust and frequent informal consultation

between the Governor and the Secretary fret Sate and their senior

officials on such matters. There is no question of Hong Kong being

ruled by decree form London, even where the formal power to do so

still exists. Hong Kong is left to conduct Government business on

all other matters without reference to London.

07

THE GOVERNOR

5.

The formal constitutional powers of the Governor in Hong Kong

are extensive. However, in the same way as HMG in practice does not

exercise its full powers with regard to the governance of Hong Kong,

the Governor in practice does not exercise his full powers within

Hong Kong. He invariably acts on policy matters in accordance with

the advice of the Executive Council. He has only once (in 1946)

refused assent to any Bill passed by the Legislative Council.

consults widely on all major issues. He respects absolutely the

right of the Attorney General in regard to decisions on

prosecutions. In the exercise of his powers in regard to the public

service, he very rarely, if ever, declines to accept the

recommendation of the Public Service Commission.

He

6.

The constitutional documents describe the wide range of

powers of HMG and it is not easy for those outside Hong Kong (or

indeed even inside Hong Kong) to appreciate that many of these

powers are notable for not in fact having been exercised. In regard

to the Governor, the constitution describes an authoritarian regime

of the classic colonial pattern. The longstanding practice of

Government by wide consultation, and within the legislative process

itself of consultation with the Unofficials (which avoids open

conflict), is not reflected in the documents. To understand why

understand these

practices.

it

Hong Kong works, constitutionally unwritten

is necessary to

but well established

The

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