TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 135

HRKO11/1

RECEWE

STRY

13 MAY 1986

SECRET

FROM: PAUL FIFOOT

DEPUTY LEGAL ADVISER

DATE : 29 APRIL 1986

23

My Leeks KD4

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HONG KONG ACCOUNTABILITY

1.

This is a rather good little paper. There is perhaps an element of confusion between Executive with a capital E and executive in lower case, but it does seem to be recognised, if only by implication, that the Executive/executive is something wider than the Executive Council. I have the following comments of detail:-

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IT

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Paragraph 6: I agree with the manuscript note that some kind of sanction should be implied and I therefore suggest that we put a fullstop after subparagraph (ii), introduce the next two subparagraphs with "It does not suggest (without some specific provisions) ... and add a third sentence, starting at the margin, as follows: "However, it does imply that there is some sanction in the event that the Executive fails in its obligations to render an account or in its responsibilities though the sanction need not be directly related to the particular failure."

Paragraph 7: I agree with the manuscript notes in ink. I would suggest the addition of a new third sentence as follows: "The public service executes such directions and orders and performs the statutory functions conferred upon it."

1

Paragraph 7(i) : I suggest you might add after "executive arm of government" the words "through the appropriate officers", and substitute for the words "upon a virtually unlimited range of subjects", the words "in respect of the exercise of its functions".

Paragraph 7(iii) : I agree with the ink manuscript.

Paragraph 7(iv) : Although bills are mentioned in paragraph 7(iii) I think it is desirable to emphasise

supply and

taxation in subparagraph 4 and I would suggest that this subparagraph starts "in addition to the necessity of obtaining the Legislature's approval to appropriation and taxation bills, all expenditure ...

TT

Paragraph 7(v) : I agree that the reference to the Governor should be a reference to the "President of the Council".

Paragraph 7(vi) : It is purely a matter of appreciation, and

I would accept the considered views of Hong Kong, but I wonder whether this subparagraph is a matter so much of accountability as of a very useful informal working arrangement.

SECRET

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