TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 148

G.F. 316

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(e)

to extend a sitting beyond 6 p.m.; and

(£)

to determine the ' voices',

or to procedure.

result of а vote on the conduct a formal voting

21.

There is no specific provision in the Joint Declaration for the Chief Executive to retain these powers. However, if he is to fulfil effectively his responsibilities as overall head of the SAR government, it would seem necessary for the

the Chief Executive

Executive to retain most of the powers listed in paragraph 19 above. Items (a)

(a) and (g) would have particular significance for the constitutional role of the Chief Executive and are discussed in greater detail below. Item (c) would also be essential

as a means of ensuring that the executive retains the power to plan and control public expenditure. On the other hand, if it were concluded that the Chief Executive should not be the President of the legislature, it might be appropriate to transfer

the President the powers listed in

in paragraph 19(b), (d) and (f), in addition to the powers listed in paragraph 20.

to

Powers with regard to legislation

22.

ΤΟ 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 remit, 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

23.

As a further check, the Chief Executive might have the power to dissolve the legislature, but should be required to take the advice of his Executive Council before doing so. In practice, though not as a rule of law, he might do so if the legislature :

(a)

persistently declined to support policies, vote funds, or enact legislation considered, by the Chief Executive, to be necessary for the good government of the Hong Kong SAR; or

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/cont'd.