TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 62

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7

Powers of the Legislature

22

the

The present Legislative Council has

power to legislate, debate, question, and vote funds as described in Paper 1.

23

Under Section II 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 NPC for the record". The Legislature will also have the power to amend existing law.

24

Since the Executive is to be "accountable" to the Legislature (Joint Declaration, Annex I, Section I) 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

Section V of Annex I).

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

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.

are a number options:

The re

of