TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 65

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In relation to

its powers only in matters concerned with

the

practice, HMG exercises constitutional issues, to Hong Kong's external relations (other than commercial) and security: to the appointment of the most senior personnel and judges; and to certain limited areas (e.g. currency and banking matters) where under the Royal Instructions Governor cannot assent to a Bill without prior consultation with HMG. Even on these matters, there is, in practice, high degree of mutual trust and frequent in formal consultation between the Governor and the Secretary of State and their senior officials on such matters. There is no question of Hong Kong being ruled by decree from London, even where the formal power to do so still exists. Hong Kong

Kong is left to conduct government business on all other matters without reference to London.

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The Governor

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The formal constitutional powers of the Governor in Hong Kong are extensive. However, in the

the same way as HMG in practice does not exercise its full powers with regard to the governance of Hong Kong, the

the Governor in practice does no t exercise his full powers within Hong Kong. He invariably acts on policy matters in accordance with the advice of the Executive Council. He has only once (in 1946) refus ed assent to any Bill

Bill passed by the Legislative Council. He consults widely on all major issues. He respects absolutely the right of the Attorney General in regard to decisions on prosecutions. In the exercise of his powers in regard to the public service, he very rarely, if ever, declines to accept the recommendation of the Public Service Commission.

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The constitutional documents describe the wide range of powers of HMG and it is not easy for those outside Hong Kong (or indeed even inside Hong Kong) to appreciate that many of these powers are notable for not in fact having been exercised. In regard to the Governor, the constitution describes an authoritarian regime of the classic colonial pattern. The longstanding practice of government by wide consultation, and within the legislative process itself of consultation with the Unofficials (which avoids open conflict), is not reflected in the documents. To understand why Hong Kong works, it is necessary to understand these constitutionally unwritten but well established practices. The government of Hong Kong has had to convince those over whom it exercised authority that it was

was doing so in the best interests of the community as a whole. If it had not been able to do so, Hong Kong would not have developed success fully as it has.

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