TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 64

SECRET 高度機密

PAPER NC. 1

THE GOVERNMENT OF HONG KONG AND ITS RELATIONSHIP WITH HMG

The constitution of the United Kingdom embodies а wide range of powers

of powers in the Queen, which by custom and by convention, she does not exercise, but which are in practice exercised by Ministers. The restraining force of custom and convention in the British system therefore balances the written constitutional rules. Similar practices apply in regard to the position of the Governor in Hong Kong. The Governor has ultimate responsibility for the direction of the Government of Hong Kong. He presides over the Executive and Legislative Councils. The Executive Council, is the principal policy-making body. The Legislative Council, subject to the assent of the Governor, makes laws and authorises public expenditure.

2

The formal source of the Governor's authority is the Letters Patent and Royal

and Royal Instructions, which establish the framework of the administration of Hong Kong, and provide Hong Kong's constitutional base. Article VII of the Letters Patent empowers the Governor to make "laws for the peace, order and good government of Hong Kong. The British Parliament, and the Queen in Council (i.e. the Privy Council) have parallel and more extensive powers to legislate for Hong Kong. Any such legislation takes precedence over Hong Kong laws, and any Hong Kong ordinance is subject to disallowance by the Crown. This, however,

however, is only the formal position. The reality of the exercise of power in Hong Kong is very different. practice, the power of disallowance has not been exercised for 70 years. Hong Kong generally legislates for itself, and enjoys a much greater degree of autonomy than is apparent from reading the constitutional documents. This includes autonomy in deciding on public expenditure and on the means of raising public revenue.

3

In

The powers of HMG also extend to approval of appointments to senior public service posts and to the Executive and Legislative Councils, but it is rare for HMG not to accept proposals put forward by the Governor.

G.F. 316

SECRET 高度機密