TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 150

SECRET 高度機密

Note 2

The Executive

Paper I of May 1986 described how the present governmental institutions in Hong Kong operate, in practice, and the inter-relationship of the various elements in the Government structure : in particular the Governor, the Executive Council and the Legislative Council.

2.

Insofar as the exercise of the Government's executive authority and responsibilities under the authority of Her Majesty's Government

is concerned, the essential features of the present system, as it functions in practice are that

3.

(a)

(b)

(c)

(a)

(e)

(£)

the Executive Council advises

advises the Governor, who is in general required to consult it on important matters of policy;

members tender their advice individually, but the Governor acts on the advice of the Executive Council as a whole;

the decisions of the Governor in Council (in effect the Governor and members of the Executive Council acting together) are presented as collective decisions;

apart from the ex-officio members specified in the Royal Instructions, members of the Council are appointed for fixed periods by the Governor, under the authority of the Queen;

the majority of members are "unofficials" i.e. not public servants;

the public service, through officials of Secretary rank, presents policy proposals to the Executive Council for decision. These officials are then responsible for directing the implementation of the decisions of the Governor in Council and account for them to the legislature and the public.

In line with the principle of building on existing institutions, the May 1986 and October 1986 papers envisaged that the Chief Executive of the future SAR would have the advice and assistance of a body equivalent to the present Executive Council. This note puts forward further thinking on the possible composition and functions of such a body.

G.F. 316

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/cont'd.

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