TNAG-1442-FCO40-1926-Constitutional-development-in-Hong-Kong-1986 — Page 14

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The Initiative in Matters of Policy and Commitment of Public Funds

11.

Under the present system only the government may present proposals to the Legislature which would or might require the use of public funds. (Standing Orders of the Legislative Council, Clauses 23,42,45,54-56,58). This is an essential element in the present system since there is an indissoluble budgetary link between the raising of taxation and the expenditure of funds. To give the legislature the power to initiate expenditure would remove from the budgetary authority the means of maintaining control over public expenditure. It would be a major and substantial departure from the present system.

12.

These are

There are provisions in Standing Orders for the presentation of Bills (draft legislation) by individual members. (Standing Orders Clause 39). normally Bills of minor public importance e.g. amendments to articles of incorporation of educational, sporting or similar bodies. But there is, subject to certain qualifications, no bar to the presentation of legislative proposals on any issue by an individual member. practive, however, the initiative in presenting major legislation lies with the Executive, usually on the basis of proposals made by the Administration (Government Departments), with the endorsement of the Executive Council, or as a consequence of proposals emanating from a Select Committee of the Legislative Council.

Dissolution of the Legislative Council

13.

In

Under the present system the Governor has the power to dissolve the Legislative Council before the expiration of its normal term of three years. Such a power exists in many systems as a means of resolving a deadlock between the executive and the legislature. Deadlock might arise in the event of fundamental and irreconcilable dispute over the budget, leading to the legislature refusing to vote funds, or in the event of refusal by the legislature to agree major government policies or legislation. The power operates to provide an incentive to both executive and legislature to avoid deadlock, and also as a a means to resolve such a deadlock should it occur. The Council has never been dissolved in this manner, as far as is known, nor has any situation arisen which might have led to such action being

contemplated.

G.F. 316

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