TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 61

(g)

(h)

- 6

to make appointments to boards, committes and groups performing statutory and advisory functions, as provided for in Hong Kong law;

to exercise powers designated under Hong Kong law on administrative matters, e.g. the disposition of land, closing of roads, etc.;

(1) to maintain public order

3(ii));

(Sestan Xis 1 Ame. I (USD).

(JD, paragraph

(j) to act in all matters in which autonomous powers are delegated to the SAR, 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 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:

(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 Hong Kong law.

Budgetary Powers

21

in

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.