TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 28

SECRET

(i) to maintain public order (Joint Declaration

paragraph 3(ii);

(j) to act in all matters in which autonomous

to the SAR, where

powers are delegated

necessary

with

Legislature.

Powers of the Executive

the

concurrence of the

number of powers

to the

19. Hong Kong law attributes 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.

20. Under the Joint 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:

on

(a) to be consulted by the Chief Executive

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 I 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 of the principal official responsible for financial affairs who would present his budget after consultation with the Chief Executive.