TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 66

- 3 -

Executive Council

7

-

The Executive

an

8

Council consists of four ex-officio members the Chief Secretary, the Commander British Forces, the Financial Secretary and

Secretary and the Attorney General and unspecified number of appointed members (at present Unofficial and 2 Official) who are appointed by the Governor under the authority of the Queen. Appointed members hold office for fixed periods. There is a clear Unofficial majority. The Council advises the Governor, who is in general required by the Royal Instructions to consult it on important matters of policy, but not for example on the right of the Attorney General to decide on prosecutions. The Council's advice on matters of policy involving the expenditure of public funds is subject to the approval of the necessary funds by the Finance Committee of the Legislative Council. The Council advises upon all principal legislation before it is introduced into the Legislative Council, and it is responsible for making subsidiary legislation under a number of ordinances.

8

Under the Royal Instructions it is the prerogative of the Governor to decide what matters should be put before the Council. Should a member request the discussion of a specific matter and should the Governor refuse his permission, then a record of both the request and the refusal must be entered in the minutes of the Council, should the member so

so desire. If the Governor decides to act against the advice of the majority of members, he is required to report his reasons to the Secretary of State. In practice, the Governor has no t declined to accept the advice of Council within living memory: nor is there dispute over the agenda.

9

Members tender their advice individually, but the Council's conclusions are presented as corporate decisions. No member has individual responsibility for given subjects or portfolios (except the ex-officio and Official members in their particular areas of responsibility).

Legislative Council

10

The Council is now composed of :

(a)

12 Unofficial members elected

by

the

Electoral Colleges;

(b)

12 Unofficial members elected by functional constituencies;

the

(c)

22 Unofficial members appointed

by

the

Governor;