TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 137

POWERS AND FUNCTIONS

SECRET

20. Annex I to the Joint Declaration provides, amongst other things, that:

(a)

(b)

(c)

"the legislative power of the Hong Kong Special

Administrative Region shall be vested in the Legislature of

the Hong Kong Special Administrative Region. The Legislature

may on its own authority enact laws in accordance with the

provisions of the Basic Law and legal procedures, and report

them to the standing committee of the National People's Congress for the record. Laws enacted by the Legislature

which are in accordance with the Basic Law and legal

procedures shall be regarded as valid";

the appointment or removal of principal judges (i.e.

those of the highest rank) shall be made by the Chief

Executive with the endorsement of the Hong Kong Special

Administrative Region Legislature...":

"the systems by which taxation and public expenditure must be approved by the Legislature, and by which there is accountability to the Legislature for all public expenditure,

and the system for auditing public accounts shall be

maintained".

21. Further, in accordance with the provision in the Joint

Declaration that the executive authorities shall be accountable to

the Legislature, it would be necessary for the Legislature (in

addition to its control over expenditure referred to in paragraph

20(c) above) to have powers corresponding to those of the present

Legislative Council to debate matters of policy and question

representatives of the executive authorities on all matters of

policy and administration (paragraphs 12-13 of Note 2 refer) and for

its members to be conferred with privileges and immunities

corresponding to those provided under existing law. The role and

functions of the Legislature of the future SAR would thus remain substantially the same as that of the present Legislative Council.

SECRET