TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 123

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19.

There is no specific provision in the Joint Declaration for

the Chief Executive to retain these powers. However, if he is to

fulfill effectively his responsibilities as overall Head of the SAR

Government, it would seem necessary for the Chief Executive to

retain most of the powers listed in paragraph 17 above. Items (a)

and (g) would have particular significance for the constitutional

role of the Chief Executive and are discussed in greater detail

below. Items (b) and (c) would also be important. If it were

concluded that the Chief Executive should not be the President of

the Legislature, however, it might be appropriate to transfer to the

President the powers listed in paragraph 17 (d) and (f) in addition

to the powers listed in paragraph 18.

POWERS WITH REGARD TO LEGISLATION

20.

To ensure that the authority of the Chief Executive is not

undermined as a result of the Legislature having an unfettered power

to enact legislation within its powers, a system of checks and

balances might be desirable. This might provide that Bills passed

by the Legislature should be signed and promulgated by the Chief

Executive, and that the Chief Executive may return a Bill to the

Legislature for re-consideration if he considers that its enactment

would not be in the overall interests of the SAR. It might also

provide, in the opposite direction, that if the Bill were enacted

again with the support of at least two-thirds of the members of the

Legislature, the Chief Executive would be required to sign it, even

if it were in a form which did not take full account of his views.

POWERS TO DISSOLVE THE LEGISLATURE

21.

As a further check, it may also be desirable for the Chief

Executive to retain the power to dissolve the Legislature. In

practice, though not as a rule of law, this might be if the

Legislature:

(a)

persistently declined to support policies, vote funds or

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