TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 169

SECRET

Redacted under FOI Exemption S 27(1)

For Discussion

Blue Volume

MEMORANDUM FOR EXECUTIVE COUNCIL

INTERPRETATION OF THE WORD "ACCOUNTABILITY"

IN THE JOINT DECLARATION

Introduction

On 15 January 1986, after considering memoranda XCX(86)5 and XCX(86)6, Members asked for a descriptive paper to be prepared setting out the current relationship between the Executive and the Legislature in Hong Kong. They expressed concern about the comments made by the Chinese official, LU Ping, on the meaning of the word "accountable" in the statement in Annex I(1) of the Joint Declaration that "the Executive authorities shall abide by the law and shall be accountable to the Legislature", and in particular, the suggestions by LU Ping and other left wing sources that the interpretation of the word "accountable" should be very restricted, in order that control of government should rest with the Executive rather than the legislature.

2.

This memorandum briefly sets out the background to the inclusion of the term "accountable" in the Joint Declaration, examines its meaning therein, describes the present relationship between the Executive and Legislative Councils and suggests a line to take in any further public

discussion.