TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 158

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15.

- 5-

-

Whichever option were adopted it would be important to ensure that the individual selected enjoyed the confidence and

and respect of the majority of members of the legislature. It might therefore be desirable to provide that the President must be endorsed, or elected, with the support of a minimum of two-thirds or three-quarters of members of the legislature.

16.

It would also be necessary to decide whether there should be changes to the powers of the President of the legislature : for example whether certain powers now exercised by the Governor, as Governor, should be transferred to the President (paragraphs 19-21 of Note 1 refer).

Powers and functions

17.

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

(a) "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."

(b)

(c)

11

•

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 expenditure must

be

legislature, and by

taxation and public approved by the

which

there

is

accountability to the legislature for public expenditure, and the system

all

for

auditing

public

maintained."

accounts

shall

be

G.F. 316

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/cont'd.