TNAG-1442-FCO40-1926-Constitutional-development-in-Hong-Kong-1986 — Page 84

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often required to draft legislation, before the Legislative Council finally endorses the legislation, or the Finance Committee provides

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 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

and with an element of common membership, will also need to be preserved. It is very unlikely that

unlikely that these advantages could survive the complete separation of the membership of the two

Councils.

be velnines

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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 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.

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12.

to articles

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

of incorporation of educational, 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.

In practice,

however, the initiative in presenting major legislation lies with

the Executive, usually on the basis of proposals made by the

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