5 -
The Legislature
15
The Joint Declaration provides that "the Legislature of the Hong Kong Special
Kong Special Administrative Region shall be constituted by elections". The methods
The methods of election, at least in general terms, would need
would need to be specified in the Basic Law. Depending on developments (see paragraph 16 below) it might be specified that elections should include both direct and indirect elections.
16
Indirect elections
elections are already used in Hong Kong in selecting part of the membership of the Legislative Council. Direct elections are used at the District and Urban Council/Regional Council level. Whether or not to introduce them for a proportion of members at the Legislative Council level will be decided in the light of the 1987 Review (Paper No 2).
17
and
Some arrangements will ultimately have to be made for the seats now occupied by ex-officio, official appointed members in the light of the requirement in the Joint Declaration that the Legislature be constituted by elections. (See paragraph 15 above)
Powers of the Governor/Chief Executive
18
The powers exercised by the Governor are set out in Paper No 1.
Certain powers are ascribed to the Chief Executive in the Joint Declaration. A convergence between the two would need to provide for the exercise of the following powers:
(a) to nominate members of the Executive;
(b) to preside over the meeting of the
Executive;
(c) to nominate the principal officials (JD
Annex I, Section I);
(d)
to appoint and remove Judges subject to the procedures in the Joint Declaration, Annex I, Section III;
(e) to execute, through the public service and otherwise, the decisions of the executive and the laws passed by the Legislature;
(£)
of
in
to consider statutory and administrative appeals, grant pardons and remissions sentences; and perform such
such functions relation to external legal matters as the law provides (e.g. in extradition, and deportations, etc);
matters
of
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