TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 262

(E) TO EXECUTE, THROUGH THE PUBLIC SERVICE AND OTHERWISE,

DECISIONS OF THE EXECUTIVE AND THE LAWS PASSED BY THE

LEGISLATURE:

THE

(F) TO CONSIDER STATURORY AND ADMINISTRATIVE APPEALS, GRANT PARDONS AND REMISSIONS OF SENTENCES: AND PERFORM SUCH FUNCTIONS IN PELATION

TO EXTERNAL LEGAL MATTERS AS THE LAW PROVIDES (E.G. IN MATTERS OF EXTRADITION, AND DEPORTATIONS, ETC):

(G) TO MAKE APPOINTMENTS TO BOARDS, COMMITTES AND GROUPS PERFORMING STATUTORY AND ADVISORY FUNCTIONS, AS PROVIDED FOR IN HONG KONG LAW:

(H) TO EXERCISE POWERS DESIGNATED UNDEC HONG KONG LAW ON ADMINISTRATIVE MATTERS, E.G. THE DISPOSITION OF LAND, CLOSING OF ROADS, ETC.:

(1) TO MAINTAIN PUBLIC ORDER (JD, PARAGRAPH 3(H)):

(J) TO ACT IN ALL MATTERS IN WHICH AUTONOMOUS POWERS ARE DELECATED TO THE SAP, WHERE NECESSARY WITH THE CONCURRENCE OF THE LEGISLATURE.

POWERS OF THE EXECUTIVE.

19. HONG KONG LAW ATTRIBUTES A NUMBER OF POWERS TO THE GOVERNOR IN

COUNCIL (IN EFFECT THE GOVERNOR AND MEMBERS OF THE EXECUTIVE COUNCIL ACTING COLLECTIVELY) AND THE EXECUTIVE COUNCIL NOW OPERATES

IN PRACTICE AS A COLLECTIVE DECISION MAKING BODY (PAPER NO 1).

20. UNDER THE JONT DECLARATION THE EXECUTIVE AUTHORITIES ARE REQUIRED TO ABIDE BY THE LAW' AND 'BE ACCOUNTABLE TO THE LEGISLATURE. TO ACHIEVE A CONVERGENCE BETWEEN THE TWO SYSTEMS, AN

SAR EXECUTIVE WOULD NEED TO BE GIVEN THE RIGHT:

(A) TO BE CONSULTED BY THE CHIEF EXECUTIVE ON ALL MATTERS OF POLICY INCLUDING THE PRESENTATION OF DRAFT LEGISLATION TO THE LEGISLATURE:

(B) TO EXERCISE THE POWERS PROVIDED FOR IN HONG KONG LAW.

BUDGETARY POWERS.

21. SECTION V OF ANNEX TO THE JOINT DECLARATION ENVISAGES THE

CONTINUATION OF THE SYSTEM OF PUBLIC FINANCE IN HONG KONG. ON THIS ASSUMPTION THE BUDGET WOULD NEED TO BE THE RESPONSIBILITY FO THE PRINCPAL OFFICIAL RESPONSIBLE FOR FINANCIAL AFFAIRS WHO WOULD PRESENT HIS BUDGET AFTER CONSULTATION WITH THE CHIEF EXECUTIVE.

FINAL PART OF TWO

POWERS OF THE LEGISLATURE.

22. THE PRESENT LEGISLATIVE COUNCIL HAS THE POWER TO LEGISLATE, DEBATE, QUESTION, AND VOTE FUNDS AS DESCRIBED IN PAPER 1.

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/23.