TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 120

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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period.

The Basic Law might provide for the Chief Executive to be elected for a further term or terms of office. It would also need to provide, in the event of the temporary absence, incapacity or sudden death of the Chief Executive, or of the Chief Executive being removed from office, for the appointment of a deputy or acting Chief Executive. If, for whatever reason, the Chief Executive were unable to complete his full term it might be preferable for his immediate successor to complete the residue of the remaining term of office before embarking on a new term of his own.

POWERS AND FUNCTIONS

13.

Paper I of May 1986 described the present constitutional position and powers of the Governor, under the authority of HMG, emphasising that, for many years, he has not in practice at his own discretion exercised the powers available to him through the Letters Patent and the Royal Instructions. It noted, in particular, that the Governor has for many years invariably acted on policy matters in accordance with the advice of the Executive Council: he respects absolutely the right of the Attorney General in regard to decisions on prosecutions: and, in the exercise of his powers in regard to the public service, rarely (if ever) declines to accept the recommendations of the public service commission.

14.

Paper II of May 1986 gave preliminary consideration, having regard to the powers ascribed to the Chief Executive in the Joint Declaration, to the specific powers which would need to be provided in the Basic Law if convergence is to be achieved. These are now discussed in greater detail.

15.

The general responsibilities of the Chief Executive, exercised by virtue of the Basic Law, might be described as being:

(a)

to represent the Hong Kong SAR;

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(b)

to head and direct the Hong Kong SAR Government;

(c)

in all matters within the powers conferred on him by the Basic Law, to ensure the good government of the SAR and the

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