TNAG-1442-FCO40-1926-Constitutional-development-in-Hong-Kong-1986 — Page 42

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the funds. It is not an uncritical commitment to Government policy

on the part of appointed members which makes the system work. It is

the flexibility of the system itself and

itself and the opportunity which it

provides for a consensus to be reached.

10.

If, in the future system of Government after 1997, the

advantages of the present system in terms of efficiency and of

producing legislation acceptable within the community are to be preserved then a close relationship between the two Councils on the present lines, and with an element of common membership, will also

need to be

be preserved. It is very unlikely that these advantages

could survive the complete separation of both the powers and membership of the two Councils.

The initiative in matters of policy and commitment of public funds

11.

an

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

indissoluble budgetary link between the

raising of taxation and the expenditure of funds. To give the

legislature the power to initiative 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.

There are provisions in standing orders for the Presentation

of Bills (Draft Legislation) by individual members. (Standing

Orders Clause 39). These are normally bills of minor public importance, eg amendments to articles of incorporation of education,

sporting or similar bodies. But there is, subject to certain

qualifications, no bar to the presentation of legislative proposal

on any issue by an individual member. The Convention, however, is that 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.

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