TNAG-1441-FCO40-1925-Constitutional-development-in-Hong-Kong-1987 — Page 139

GRS 500

CONFIDENTHAL

FM HONG KONG

TO MMMEDIATE FCO

TELNO 2322

OF 170955Z JULY 86

Confidential

ск

orf

(304

INFO IMMEDIATE PEKING

HKKON RECEIVI

24 JUL 1986

304) MIPT: ACCOUNTABILITY

PROPOSITION BY LU PING

th

AGB 24/7

THE GOVERNOR AND THE EXECUTIVE COUNCHL SHOULD NOT BE REGARDED AS

PART OF THE EXECUTIVE AUTHORITIES.

CURRENT SIKTUATION

2. UNDER THE LETTERS PATENT, THE GOVERNOR IS THE REPRESENTATIVE OF THE QUEEN IN HONG KONG. HE IS THE HEAD OF THE GOVERNMENT AND

HAS ULTIMATE DIRECTION OF THE ADMINISTRATION OF HONG KONG. UNDER THE ROYAL INSTRUCTIONS, HE IS REQUIRED TO CONSULT THE EXECUTIVE COUNCIL ON UMPORTANT MATTERS ON POLICY. THE EXECUTIVE COUNCH ADVISES THE GOVERNOR WHO THEN DECIDES. CONSTITUTIONALLY, THE EXECUTIVE COUNCIL THUS APPEARS TO BE A BODY FOR CONSULTATION BY

THE GOVERNOR.

3. THAT IS THE THEORETICAL POSITION UNDER A CLASSIC COLONIAL CONSTITUTION. IN REALITY, BEHIND THIS FORMAL POSITION IS A LONG ESTABLISHED PRACTICE, WIDELY UNDERSTOOD HONG KONG, WHEREBY THE ADVICE TENDERED BY THE EXECUTIVE COUNCIL HAS A WIRTUALLY BINDING

FORCE ON THE GOVERNOR IN THE ADMINISTRATION OF HONG KONG.

4. IN PRACTICE, THE GOVERNOR IS CLOSELY INVOLVED *N THE ADMINISTRATIVE WORK OF GOVERNMENT AND IN THE FORMULATION OF MAJOR

POLICIES TO BE PUT BEFORE THE EXECUTIVE COUNCIL. THE GOVERNOR

PRESIDES OVER THE EXECUTIVE COUNCIL. NO MAJOR POLICHES MAY PROCEED

WITHOUT THE APPROVAL OF THE GOVERNOR IN EXECUTIVE COUNCIL. THE

FORCE AND VALUE OF EXECUTIVE COUNCIL'S ADVICE S REFLECTED BY THE

FACT THAT THE GOVERNOR HAS NEVER DECLINED TO ACCEPT T. THE

GOVERNOR AND THE EXECUTIVE COUNCIL FUNCTION TOGETHER AS ONE BODY,

WHOSE DECHISHONS ARE CORPORATE. THE GOVERNOR-IN-COUNCIL IS HELD

RESPONSIBLE FOR THE POLICHES IT APPROVES AND IS SUBJECT TO

CRITICISM BY THE PUBLIC AND THE LEGISLATURE HF A POLICY 115

UNACCEPTABLE OR FAILS.

5. POLICY BRANCHES OF THE GOVERNMENT SECRETARIAT ARE RESPONSIBLE FOR DRAFTING POLICIES AND MONITORING THEIR IMPLEMENTATION. HE A REWIEW OF POLICY IS CALLED FOR. OFTEN IN RESPONSE TO PUBLIC DEMAND AND SOMETIMES IN ACCORDANCE WITH THE EXECUTIVE COUNCIL'S INSTRUCTIONS, THE POLICY BRANCH UNDERTAKES THE NECESSARY GROUNDWORK AND MAKE RECOMMENDATIONS TO THE GOVERNOR-N-COUNCIL. DECISIONS ARE

THEN MADE BY THE GOVERNOR-IN-COUNCIL.

Confidential

16.