TNAG-1442-FCO40-1926-Constitutional-development-in-Hong-Kong-1986 — Page 11

G.F. 316

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Note 1

The Relationship between the Executive and the Legislature

The Joint Declaration states in Clause 3(3) that "the Hong Kong Special Administrative Region will be vested with executive, legislative and independent judicial power". Paragraph 3 of Section 1 of Annex 1 to the Joint Declaration states that "the Executive authorities shall abide by the law and shall be accountable to the Legislature".

2.

Section II of Annex 1 also prescribes that "The legislative power of the Hong Kong Special Administrative Region shall be vested in the legislature of the Hong Kong Special Administrative Region."

3.

Paragraph 2 of Section V of Annex 1 prescribes that "The systems by which taxation and public expenditure must be approved by the legislature, and by which there is accountability to the legislature for all public expenditure, and the system for auditing public accounts, shall be maintained."

The Present Arrangements

4.

The first of the three papers handed to Foreign Minister Wu Xueqian by Sir Geoffrey Howe in May set out the present arrangements in Hong Kong. It explained that although the Executive Council and Legislative Council exercise different functions, a close relationship and co-operation between them is essential to the efficient conduct of business. The smooth working of the Government requires that the Executive and Legislature function in partnership. The fact that a number of Unofficials and Officials are members of both Councils and other Officials sit in the Legislative Council provides linkage and communication between them and between Legislative Council and the Government.

5.

The advantages to the Executive Council of the existing relationship between the two Councils and of having members of the Executive Council on the Legislative Council include for example:

a) in deciding on policy, the Executive Council has available a direct and authoritative source of advice on the likely degree of support or opposition in the Legislative Council or the community generally, in relation to proposals brought before it for consideration;

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