TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 211

18.

(C) TO DECIDE WHETHER A PETATION OR MOTION, WHICH WOULD HAVE UMPLICATIONS FOR TAXATION OR PUBLIC EXPENDITURE, MAY BE

PRESENTED TO OR MOVED IN THE COUNCUL:

(D) TO APPOINT THE DATES ON WHICH THE ANNUAL SESSION OF

COUNCIL BEGINS AND ENDS:

(E) TO ADDRESS THE COUNCIL AT THE FIRST SITTING OF EACH

SESSION AS OF RIGHT:

(F) TO REQUIRE THE ATTENDANCE OF PERSONS TO GIVE EVIDENCE BEFORE THE COUNCIL OR A COMMITTEE: AND

(G) TO DISSOLVE THE LEGISLATIVE COUNCIL.

AS PRESIDENT OF THE LEGISLATIVE COUNCIL HIS POWERS INCLUDE :

(A)

TO ENSURE OBSERVANCE OF THE RULES OF ORDER AND OF DEBATE

IN ALL PROCEEDINGS:

(B) TO CONTROL THE AGENDA:

(C)

TO NOMINATE MEMBERS OF COMMITTEES:

(D) TO ACCEPT A MOTION TO ADJOURN FOR THE PURPOSE OF DEBATE

OF AN URGENT PUBLIC MATTER:

(E) TO EXTEND A SITTING BEYOND 6 P.M.: AND

(F) TO DETERMINE THE RESULT OF A VOTE ON THE 'VOICES', OR TO

CONDUCT A FORMAL VOTING PROCEDURE.

19. THERE IS NO SPECIFIC PROVISION IN THE JOINT DECLARATION FOR THE CHIEF EXECUTIVE TO RETAIN THESE POWERS. HOWEVER, IF HE IS TO FULFIL EFFECTIVELY HIS RESPONSIBILITIES AS OVERALL HEAD OF THE SAR GOVERNMENT, MT WOULD SEEM NECESSARY FOR THE CHIEF EXECUTIVE TO RETAIN MOST OF THE POWERS LISTED IN PARAGRAPH 17 ABOVE, MITEMS (A) AND (G) WOULD HAVE PARTICULAR SIGNIFICANCE FOR THE CONSTITUTIONAL ROLE OF THE CHIEF EXECTUTIVE AND ARE DISCUSSED N GREATER DETAIL BELOW. NITEMS (B) AND (C) WOULD ALSO BE IMPORTANT, F HT WERE CONCLUDED THAT THE CHIEF EXECUTIVE SHOULD NOT BE THE PRESIDENT OF THE LEGISLATURE, HOWEVER, IT MIGHT BE APPROPRIATE TO TRANSFER TO THE PRESIDENT THE POWERS LISTED IN PARAGRAPH 17(D) AND (F) HN ADDITION TO THE POWERS LISTED IN PARAGRAPH 18.

POWERS WITH REGARD TO LEGISLATION

20.

TO ENSURE THAT THE AUTHORITY OF THE CHIEF EXECUTIVE 15 NOT UNDERMINED AS A RESULT OF THE LEGISLATURE HAVING AN UNFETTERED POWER TO ENACT LEGISLATION WITHIN ITS POWERS, A SYSTEM OF CHECKS AND BALANCES MIGHT BE DESIRABLE. THIS MIGHT PROVIDE THAT BILLS

PASSED BY THE LEGISLATURE SHOULD BE SIGNED AND PROMULGATED BY THE

SECRET-5-

ситер