TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 198

10

absurd

مد

Le plustry

lagike

procedures. Even though the Central People's Government can appoint the

Chief Executive and principal officials, the candidates for the Chief

Executive are not named by the Central Government, but selected by the

Hong Kong people locally by election or through consultations. The principal

officials are nominated by the Chief Executive and appointed by the central

government. This is expounded in paragraph 3(4) of the Joint Declaration.

The paragraph describes only how the executive authorities come into being.

There is no mention of the legislature. So the argument that the Chief

Executive should be elected by the legislature has no base in the Agreement

proper. In paragraph 3 of Section I, Annex I of the Agreement, "Elaboration by the government of the People's Republic of China of its Basic Policies

regarding Hong Kong", first of all, it talks about how the Chief Executive

is selected. Then it talks about how the principal officials are selected.

Both sentences end in a full stop. Then it mentions, "the legislature of the

Hong Kong Special Administrative Region shall be constituted by elections".

The meaning here is clear. Government organisations are a selection channel.

The legislature is another selection channel. First of all the selection

method of the Chief Executive is clearly stated. Then the selection method

of the legislature is stated. The purpose is to eliminate the possibility of the legislature electing the Chief Executive. Otherwise, it will be

stated first "the legislature shall be constituted by elections" and then

"the Chief Executive shall be selected by election or through consultations

in the legislature".

/

What is the relationship between the executive authorities and

the legislature? In Annex I, the English version is, "the executive

authorities shall abide by the law and shall be accountable to the legislature", accountable meaning that the actions of the executive authorities, on the question of whether they abide by the law and the pro-

cedures, shall explain and report to the legislature. (The author has explained in details the meanings of the word "accountable" in an article

in the last issue of the Mirror.)