TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 140

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3

(v)

No:

the President

(vi)

24

X

7

8.

1

the Legislature enjoys freedom of debate, subject only to Standing Orders which provide the Governor with discretion refuse to accept motions for debate;

to

informally, Unofficial members of the Executive and Legislative Councils, individually and through informal panels and ad hoc groups, enjoy access to officials responsible to the executive authorities, to redress grievances raised by members of the public, and to question and criticise the administration.

within Janu

Accordingly, in practice the Executive is accountable though not subordinate to the Legislature in a very real

and effective manner. In an extreme case of conflict however, the will of the Executive would prevail. The ultimate sanctions lie in the power of the Governor control the business of the Legislature, the right of the Governor to dissolve the Legislature (although new elections would have to be held within three months), and the ultimate right of the United Kingdom Government to intervene to legislate, to direct the Governor and, if necessary, change the constitutional arrangements.

Conclusion

9.

to

In Hong Kong's present system of Government, Executive has the conduct of administration but needs the support of the Legislature (for money

money and laws). The Legislature can use its powers to keep the Executive under scrutiny (by questions and investigations) and keep the Executive in check (by debate and censure). The Executive is "accountable" to the Legislature but not subordinate to it: there is co-operation and support between the Executive and Legislature. The Executive must keep the confidence of the Legislature.

Line to take

10.

It is suggested that if this subject is raised in public, Members (and Government officials) should say that:-

(a)

(b)

"Accountability" means "rendering an

Executive

the account" of itself for and public

to the

purposes of open government information and in response Legislative Council. It does not imply an inferior/ superior relationship.

The organs of government work in partnership with each other.

The Executive cannot direct the Legislature, nor vice versa. Both must have regard to the needs and views of the community.

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It

can't : control

: control of supply