TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 129

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Council. This was further elaborated in Note 1 of October 1986

which described the advantages of the working partnership which at

present exists between the two bodies, and the desirability of

retaining this partnership in terms of the efficient administration

of Hong Kong and of producing legislation acceptable within the

community.

11.

One of the key methods of ensuring this working partnership

has been to provide for a significant element of common membership

between the Executive and Legislative Councils: at present out of

the 16 members of the Executive Council, 11 (including four

government officials) are also members of the Legislative Council.

A similar pattern of cross-membership between the future Executive

Council and Legislature of the Hong Kong SAR could be preserved by

means of the Chief Executive continuing to select some members of

the Executive Council from within the Legislature.

12.

Section I of Annex I to the Joint Declaration provides that

"the executive authorities

shall be accountable to the

Legislature". While the term "executive authorities" is not

specifically defined, it would appear that this provision would be

met by maintenance of a system similar to the present one, the

essential elements of which are that the Legislature has the power:

(a)

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to propose amendments to, or to decline to enact, draft Legislation put forward by the Executive;

to vote or deny funds;

to debate matters of policy;

to question the administration of public issues for which it

is responsible;

(e)

13.

to call the administration to account for the expenditure of

public funds.

Under existing practice the ten government officials who are

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