TNAG-1442-FCO40-1926-Constitutional-development-in-Hong-Kong-1986 — Page 39

МЕЗАКО

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THE RELATIONSHIP BETWEEN THE EXECUTIVE AND THE LEGISLATURE

1.

The Joint Declaration states in Clause 3(3) that "The HKSAR

will be vested with executive, legislative and independent judicial

power". Para 3 of

3 of Section I of Annex I to

to the Joint Declaration

states that "The executive authorities shall abide by the law and

shall be accountable to the legislature".

2.

Section I of Annex I 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.

Para 2 of Section V of Annex I 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 by the Secretary of State in May set out the present arrangements in Hong Kong. It explained that although the Executive Council and

Legislative Council exercise different functions, а close

relationship and cooperation between them is essential to the efficient conduct of business. The smooth working of the Government requires that the executive and legislative 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 the necessary 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 are that:

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