TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 201

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(A) THE LEGHSLATIVE POWER OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION SHALL BE VESTED IN THE LEGISLATURE OF THE HONG KONG SPEC-RAL

ADMINSTRATINE REGION. THE LEGISLATURE MAY ON ITS OWN AUTHORITY

ENACT LAWS AN ACCORDANCE WITH THE PROVISIONS OF THE BASHC 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)

... THE APPOINTMENT OR REMOVAL OF PRINCIPAL JUDGES (WH.E.

THOSE OF THE HIGHEST RANK) SHALL BE MADE BY THE CHIEF EXECUTIVE WITH

THE ENDORSEMENT OF THE HONG KONG SPECIAL ADMINISTRAT:HON REGION

LEGISLATURE

(C) ''THE SYSTEMS BY WHICH TAXATION AND PUBLIC EXPENDITURE MUST BE APPROVED BY THE LEGISLATURE, AND BY WHICH THERE IS ACCOUNTABILITY

TO THE LEGISLATURE FOR ALL PUBLIC EXPENDITURE, AND THE SYSTEM FOR

AUD NTING PUBLIC ACCOUNTS SHALL BE MAINTA¤ħNED.'!

20.

FURTHER, IN ACCORDANCE WITH THE PROVISION IN THE JOINT

DECLARATION THAT THE EXECUTIVE AUTHORITIES SHALL BE ACCOUNTABLE

TO THE LEGISLATURE, AT WOULD BE NECESSARY FOR THE LEGISLATURE TO HAVE POWERS CORRESPONDING TO THOSE OF THE PRESENT LEGISLATIVE

COUNCIL TO DEBATE MATTERS OF POLICY AND QUESTION REPRESENTATIES

OF THE EXECUTIVE AUTHORITIES ON ALL MATTERS OF POLICY AND

ADMINISTRATION (PARAGRAPHS 12-13 OF NOTE 2 REFER) AND FORTS

MEMBERS TO BE CONFERRED WITH PRIVILEGES AND IMMUNITIES CORRESPONDING

TO THOSE PROVIDED UNDER EXISTING LAW. THE ROLE AND

FUNCTIONS OF THE LEGISLATURE OF THE FUTURE SAR WOULD THUS REMA«μN

SUBSTANT HALLY THE SAME AS THAT OF THE PRESENT LEGISLATIVE COUNCIL.

21. AS REGARDS PARAGRAPH 19(A) HT WILL BE NECESSARY TO CONS.ADER

WHETHER MEMBERS OF THE LEGISLATURE, WHO ARE NOT GOVERNMENT OFFICIALS, SHOULD HAVE THE POWER TO MOVE LEGISLATION WHICH WOULD IMPLY A MAJOR CHANGE IN GOVERNMENT POLICY, OR WHICH WOULD HAVE

IMPLICATIONS FOR THE RAISING OR EXPENDITURE OF PUBLIC FUNDS. HONG

KONG'S PRESENT CONSTITUTIONAL INSTRUMENTS PROVIDE THAT ANY MEMBER

OF THE LEGISLATIVE COUNCIL MAY PROPOSE ANY QUESTION FOR DEBATE, PROVIDED THAT THE MOTION IN QUESTION WOULD NOT HAVE THE EFFECT

OF DISPOSTING OF GENERAL REVENUE. IF THE MOTION WOULD HAVE SUCH

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