TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 263

23. UNDER SECTION IN OF ANNEX I TO THE JOINT DECLARATION LEGISLATIVE

POWER OF THE HONG KONG SAR IS TO BE VESTED IN THE LEGISLATURE WHICH MAY ON ITS OWN AUTHORITY ENACT LAWS IN ACCORDANCE WITH THE

PROVISIONS OF THE BASIC LAW AND LEGAL PROCEDURES, AND REPORT THEM TO

THE STANDING COMMITTEE OF THE MPC FOR THE RECORD'. THE LEGISLATURE

WILL ALSO HAVE THE POWEP TO AMEND EXISTING LAW.

༔ ་

'ACCOUNTABLE TO THE

24. SINCE THE EXECUTIVE IS TO BE LEGISLATURE (JOINT DECLARATION, ANNEX 1, SECTION 1) THE LEGISLATURE WILL NEED THE RIGHT TO DEBATE ALL ISSUES OF POLICY AND TO POSE QUESTIONS TO THE EXECUTIVE ON ALL MATTERS OF POLICY AND

ADMINISTRATION.

25. UNDER THE JOINT DECLARATION THE LEGISLATURE WILL CONTINUE TO APPROVE TAXATION AND PUBLIC EXPENDITURE AND THE EXECUTIVE WILL

BE ACCOUNTABLE TO IT FOR ALL PUBLIC EXPENDITURE: THE EXISTING SYSTEM OF AUDITING PUBLIC ACCOUNTS IS ALSO TO BE MAINTAINED (JOINT

DECLARATION, SECTION V OF ANNEX }).

26. THERE SHOULD THEREFORE BE LITTLE PROBLEM OVER CONVERGENCE

BETWEEN THE POWERS OF THE EXISTING LEGISLATIVE COUNCIL AND THE

LEGISLATURE OF THE SAR.

27. THE GOVERNOR HAS THE POWER TO DISSOLVE THE LEGISLATIVE COUNCIL. PROVISION WILL NEED TO BE MADE FOR THE SITUATION IN WHICH THE POLICIES ENDORSED BY THE CHIEF EXECUTIVE, AND HIS EXECUTIVE ON MAJOR MATTERS FAIL TO RECEIVE THE SUPPORT OF THE LEGISLATURE. THERE

ARE A NUMBER OF OPTIONS:

(A) THE POWER TO DISSOLVE THE LEGISLATURE COULD BE GIVEN TO THE

CHIEF EXECUTIVE.

(B) THERE MIGHT OTHERWISE BE A PROVISION REQUIRING THE EXECUTIVE TO REVIEW SUCH POLICIES, AND IN THE EVENT OF THE EXECUTIVE DECIDING TO MAINTAIN THEM REQUIRING A VOTE OF CONFIDENCE IN THE LEGISLATURE. IN THE EVENT OF THE CHIEF EXECUTIVE FAILING TO OBTAIN A VOTE OF CONFIDENCE, THERE IS A NUMBER OF OPTIONS, FOR EXAMPLE:

(1) THERE WOULD DE A DISSOLUTION: OR

(11) THE CONSULTATIVE COLLEGE COULD BE CALLED TO ADJUDICATE ON

WHETHER THERE SHOULD BE A DISSOLUTION, OR THE CHIEF EXECUTIVE

CALLED ON TO PESIGN: OR BOTH.

THERE ARE UNDOUBTEDLY OTHER OPTIONS.

PRESIDENCY OF THE LEGISLATURE.

28. SOME PROVISION WILL NEED TO BE MADE FOP THE PRESIDENCY OF THE LEGISLATURE. GIVEN THE POWERS AND DUTIES OF THE CHIEF EXECUTIVE UNDER THE JOINT DECLARATION, AND THE FACT THAT HE AND THE EXECUTIVE AUTHORITIES ARE TO BE ACCOUNTABLE TO THE LEGISLATURE, IT WOULD NOT

SECRÉT

/BE

.