TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 152

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member to be revoked, on the recommendation of the Chief Executive, on the grounds of criminal offence, gross misconduct, gross dereliction of duty, or incapacity.

Powers and functions

9.

As indicated in paragraphs 2 and 3 above, it is assumed that the functions of the future Executive Council would be very similar to those of the present Council, i.e. to advise and assist the Chief Executive in important matters of policy and, together with the Chief Executive, to decide on these matters collectively. The Basic Law might include provision to require the Chief Executive to consult the Council on important matters of policy.

Relationship between the executive and the legislature

10.

Paper I of May 1986 explained the need for a close relationship between the Executive Council and the Legislative 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

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)

to propose amendments to, or to decline to enact, draft legislation put forward by the executive;

/cont'd.

G.F. 316

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