TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 139

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

Duit sove

sanction implied? otheracleat can the

5.

In this Chinese version of

"responsible" (

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2

-

context it should be noted that the the Joint Declaration uses the word

) rather than "accountable".

Present Relationship between the Executive and Legislative Council

6.

The ordinary meaning of "accountability", in most structures of Government, suggests:

(i)

(ii)

as used

that the Executive must render an account to the Legislature for its exercise of power, and

that the Executive is responsible to the Legislature for its exercise of power,

but does not suggest (without more specific provisions):

that (iii)

Legikalie Iseu tusen Hat an accent is rendered `(iv)

(+ his percipal offrinds,

est

Am. This suggests

he has to out re Exco advice. Yes - "in

contation

with belter?

ALL

wookly. Daw it

Preject?

Yes

in

the Executive holds power granted by the Legislature, or

that the Legislature can strip the Executive of power.

This is very much the present position in practice

Government policy is Hong | Kong.

determined by the Governor acting upon the advice of the Executive Council. Orders and directions to the public service are given by the Governor and by his principal officials (who may or may not be members of the Executive Council). There are a number of y ways, however, in which the executive may be questioned and influenced by the Legislature:-

(i) the Legislature has the right to question the executive arm of government, both orally and in writing, upon a virtually unlimited range of subjects;

(ii)

(iii)

(iv)

right the

the Legislature has the right to question anyone, including the executive arm of government, on matters referred to a Select Committee, to compel the attendance of witnesses and to call for the production of documents;

the Legislature has the right to oppose or amend bills sent to it by the Executive Council;

theps.

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stat factis

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what

in addition to its 15 recents, I obtin Lexi's offord & fie aptemp. Staring by all expenditure has to be approved by the Finance Committee of the Legislature. The expenditure of all funds is scrutinised by the Director of Audit and the Public Accounts Committee, and both report to the Legislature;

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