TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 149

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24.

(b)

legislation

persistently sought to have enacted or amended in

а form which was considered, by the Chief Executive, not to be conducive to the good government of the Hong Kong SAR.

The Basic Law might also provide that, in the event that the legislature declines to

approve the Appropriation Bill, or it cannot be approved because the legislature has already been dissolved, the Chief Executive may authorise the expenditure necessary to carry on the services of the government, for a limited period, until a new legislature has been elected.

25.

Again, however, it would seem advisable for the Basic Law to provide for appropriate balances to the power of the Chief Executive to dissolve the legislature. These might include, as now,

a provision for fresh elections to the legislature to be held within a specified time limit following dissolution. They might also include a provision to the effect that, if the Chief Executive were to dissolve the legislature, he too would be required to step down and seek re-election. Under such circumstances, the Chief Executive would remain the head of the SAR Government until new elections were held.

Removal

26.

to

It would seem necessary for the Basic Law include reference to the procedures for removal of the Chief Executive on grounds of:

(a)

criminal offence;

а

(b) gross misconduct or gross dereliction of

(c)

duty; or

incapacity.

27.

While the power of dismissal would rest with the Central People's Government, it would seem desirable for it to be exercised only at the request, or with the consent of

substantial proportion of the

of the SAR legislature (say, not less than two-thirds or perhaps even three-quarters). The Basic Law might also include provisions enabling the Chief Executive to resign in circumstances in which he feels unable to continue in office.

G.F. 316

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