TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 205

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MT WOULD ALSO SEEM DESIRABLE TO PROVIDE THE CHIEF EXECUTIVE WITH THE DISCRETION TO RECOMMEND THE DURATION OF THE TERMS OF OFFICE OF MEMBERS WHO ARE NOT EX-OFFICIO, SUBJECT TO THE GENERAL GUIDELINE THAT THEY SHOULD NOT BE LESS THAN ONE YEAR OR LONGER THAN THE DURATION OF HIS OWN TERM OF OFFICE SEMICOLON TO PROVIDE FOR THE RE-APPOINTMENT OF MEMBERS SEMI-COLON AND FOR THE APPOINTMENT OF

A MEMBER TO BE REVOKED ON THE RECOMMENDATION OF THE CHEF 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 FUNCTONS OF THE FUTURE EXECUTIVE COUNCIL WOULD BE VERY SIMILAR TO THOSE OF THE PRESENT COUNCIL, W.E. TO ADVISE AND ASSIST THE CHIEF EXECUTIVE IN IMPORTANT MATTERS OF POLICY AND, TOGETHER WHTH 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 HMPORTANT MATTERS OF POLICY.

RELATIONSHIP BETWEEN THE EXECUTIVE AND THE LEGISLATURE

10.

PAPER N OF MAY 1986 EXPLANNED 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 RETAMNING THIS PARTNERSHIP UN 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 WORKHING PARTNERSHIP HAS BEEN TO PROVIDE FOR A SMGNIFICANT 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 LEGISLATIVE COUNCIL. A SIMILAR PATTERN OF CROSS-MEMBERSHP 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 OF ANNEX #TO THE JOINT DECLARATHON PROVIDES THAT ''THE EXECUTIVE AUTHORITIES .... SHALL BE ACCOUNTABLE TO THE LEGISLATURE''. WHILE THE TERM EXECUTIVE AUTHORITIES'' MS NOT SPECIFICALLY DEFINED, IT WOULD APPEAR THAT THIS PROVIS»MON WOULD BE MET BY MAINTENANCE OF A SYSTEM SMMLAR TO THE PRESENT ONE, THE ESSENTIAL ELEMENTS OF WHICH ARE THAT THE LEGISLATURE

HAS THE POWER :

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