TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 209

10. NOTE 2 OF OCTOBER 1986 SUGGESTED THAT ONE WAY OF ENSURING THAT

THE CHIEF EXECUTIVE ENJOYED SUFFICIENT SUPPORT WOULD BE FOR AT

LEAST A PROPORTION OF THE LEGISLATURE TO BE ELECTED BY THE SAME

ELECTORATE AS WOULD CHOOSE THE CHIEF EXECUTANE HIMSELF, HF, FOR

EXAMPLE, A **GRAND ELECTORAL COLLEGE'' SYSTEM WERE CHOSEN AS THE MEANS OF ELECTING THE CHIEF EXECUTIVE, THE SAME BODY MIGHT ALSO BE GIVEN THE RESPONSIBILITY FOR ELECTING A CERTAIN PROPORTION OF THE

LEGISLATURE FROM A LIST OF CANDIDATES NOMINATED BY THE CHIEF

EXECUTANE.

11.

UNDER SUCH A SYSTEM THE CHIEF EXECUTIVE AND MEMBERS OF THE

LEGISLATURE ELECTED BY THE GEC WOULD ENTER OFFICE AT THE SAME TIME AND THEIR TERMS OF OFFICE WOULD BE OF EQUAL DURATION. IT WOULD THEN BE FOR CONSIDERATION WHETHER THE TERMS OF OFFICE OF OTHER GROUPS OF ELECTED MEMBERS SHOULD ALSO COINCIDE WITH THAT OF THE CHIEF EXECUT WE OR WHETHER, INSTEAD, THEY SHOULD BE OF EQUAL DURATION BUT COMMENCE AND EXPIRE IN DIFFERENT YEARS. THE OPTIONS WITH REGARD TO THE TERMS OF OFFICE OF DIFFERENT GROUPS OF MEMBERS IN THE LEGISLATURE

ARE DISCUSSED FURTHER AT PARAGRAPHS 13-16 OF NOTE 3.

12. IF MT IS CONSIDERED ADVANTAGEOUS FOR THE TERMS OF OFFICE OF

THE CHIEF EXECUTIVE AND THE LEGISLATURE TO BE OF EQUAL DURATION

NT WILL BE NECESSARY TO DECIDE WHETHER THE PRESENT THREE YEAR TERM

OF OFFICE OF THE LEGISLATIVE COUNCIL SHOULD BE ADOPTED, OR A LONGER PERNOD. A TERM OF OFFICE OF SAY, 4 YEARS FOR THE CHIEF EXECUTIVE WOULD PROV-NDE FOR REASONABLE CONTINUITY OF GOVERNMENT, WITHOUT UNDULY EXTENDING THE TERM OF OFFICE OF MEMBERS OF THE LEGISLATURE. THE BASIC LAW MIGHT PROVIDE FOR THE CHIEF EXECUTIVE TO BE ELECTED FOR A FURTHER TERM OR TERMS OF OFFICE, IT WOULD ALSO NEED TO PROVIDE „ MN THE EVENT OF THE TEMPORARY ABSENCE, HINCAPACITY OR SUDDEN DEATH OF THE CHIEF EXECUTANE: FOR THE APPOINTMENT OF A DEPUTY OR ACTING CHIEF EXECUTIVE. MF, FOR WHATEVER REASON, THE CHIEF EXECUTANE WERE UNABLE TO COMPLETE HIS FULL TERM IT MIGHT BE PREFERABLE FOR HIS IMMEDIATE SUCCESSOR TO COMPLETE THE RESDUE OF THE REMAINING TERM OF OFFICE BEFORE EMBARKING ON A NEW TERM OF HIS OWN.

POWERS AND FUNCTIONS

13. PAPER OF MAY 1986 DESCRIBED THE PRESENT CONSTITUTIONAL POSITION AND POWERS OF THE GOVERNOR, UNDER THE AUTHORITY OF HMG, EMPHASIZING THAT, FOR MANY YEARS, HE HAS NOT IN PRACTICE EXERCISED THE POWERS THEORETICALLY AVAILABLE TO HIM THROUGH THE LETTERS PATENT AND THE ROYAL INSTRUCTIONS. HT NOTED, IN PARTICULAR, THAT THE GOVERNOR HAS FOR MANY YEARS INVARIABLY ACTED ON POLICY MATTERS INN ACCORDANCE WITH THE ADVICE OF THE EXECUTIVE COUNCHL : HE RESPECTS ABSOLUTELY THE RIGHT OF THE ATTORNEY GENERAL N REGARD TO DECISIONS ON PROSECUTIONS: AND, THE EXERCISE OF HIS POWERS HIN REGARD TO THE PUBLIC SERVICE, RARELY (F EVER) DECLANES TO ACCEPT THE RECOMENDATIONS OF THE PUBLIC SERVICE COMMISSION.

14.

PAPER OF MAY 1986 GAVE PRELIMINARY CONSIDERATION, HAVING REGARD TO THE POWERS ASCRIBED TO THE CHIEF EXECUTIVE IN THE JOINT DECLARATION, TO THE SPECIFIC POWERS WHICH WOULD NEED TO BE PROVIDED IN THE BASIC LAW IF CONVERGENCE IS TO BE ACHIEVED. THESE ARE NOW

DISCUSSED IN GREATER DETAIL.

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