TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 212

CHIEF EXECUTIVE, AND THAT THE CHIEF EXECUTIVE MAY RETURN A BILL TO

THE LEGISLATURE FOR RE-CONSIDERATION IF HE CONSIDERS THAT ITS

ENACTMENT WOULD NOT BE IN THE OVERALL INTERESTS OF THE SAR. T

MIGHT ALSO PROVIDE, IN THE OPPOSITE DIRECTION, THAT OF THE BILL

WERE ENACTED AGAIN WITH THE SUPPORT OF AT LEAST TWO-THIRDS OF THE

MEMBERS OF THE LEGISLATURE, THE CHIEF EXECUTIVE WOULD BE REQUIRED TO SIGN HIT, EVEN IF IT WERE IN A FORM WHICH DID NOT TAKE FULL

ACCOUNT OF HIS WIEWS.

POWERS TO DISSOLVE THE LEGISLATURE

21. AS A FURTHER CHECK, IT MAY ALSO BE DESIRABLE FOR THE CHIEF EXECUTIVE TO RETAIN THE POWER TO DISSOLVE THE LEGISLATURE. IN

PRACTICE THIS MIGHT BE OF THE LEGISLATURE:

(A) PERSISTENTLY DECLINED TO SUPPORT POLICIES, VOTE FUNDS OR ENACT LEGISLATION CONSIDERED BY THE CHIEF EXECUTIVE TO BE NECESSARY FOR THE GOOD GOVERNMENT OF THE HONG KONG SAR: OR

(B) PERSISTENTLY SOUGHT TO HAVE LEGISLATION ENACTED OR AMENDED HIN A FORM WHICH WAS CONSIDERED, BY THE CHIEF EXECUTIVE, NOT TO BE CONDUCANE TO THE GOOD GOVERNMENT OF THE HONG KONG SAR.

22. THE BASIC LAW MIGHT ALSO PROVIDE THAT, IN THE EVENT THAT THE LEGISLATURE DECLINES TO APPROVE THE APPROPRIATION BILL, OR MIT CANNOT BE APPROVED BECAUSE THE LEGISLATURE HAS ALREADY BEEN DISSOLVED, THE CHIEF EXECUTIVE MAY AUTHORISE THE EXPENDITURE NECESSARY TO CARRY ON THE SERVICES OF THE GOVERNMENT FOR A LIMITED PER:NOD UNTIL A NEW LEGISLATURE HAS BEEN ELECTED.

23.

I

AGAIN, HOWEVER, IT WOULD SEEM ADVISABLE FOR THE BASIC LAW TO PROVIDE FOR APPROPRIATE BALANCES TO THE POWER OF THE CHEF

EXECUTIVE IN THIS REGARD. THESE MIGHT INCLUDE, AS NOW, A PROVISION FOR FRESH ELECTIONS TO THE LEGISLATURE TO BE HELD WITHIN A SPECIFIED TIME LIMIT FOLLOWING DISSOLUTION. THEY MIGHT ALSO INCLUDE A PROVISION TO THE EFFECT THAT THE CHIEF EXECUTIVE COULD NOT DISSOLVE THE LEGISLATURE ON MORE THAN ONE OCCASION WITHIN EACH TERM OF OFFICE. WIN THE EVENT OF DISPUTE ARKSINING FOR A SECOND TIME BETWEEN THE CHIEF EXECUTIVE AND THE LEGISLATURE, THE CHIEF EXECUTANE MIGHT BE REQUIRED EITHER TO WITHDRAW THE POLICY OR PIECE OF LEGISLATION TO WHICH THE LEGISLATURE OBJECTED, OR TO STEP DOWN PENDING THE HOLDING BY THE GEC OF NEW ELECTIONS TO THE POST OF

CHIEF EXECUTIVE.

REMOVAL

24.

IT WOULD SEEM NECESSARY FOR THE BASIC LAW TO INCLUDE REFERENCE

TO THE PROCEDURES FOR REMOVAL OF THE CHIEF EXECUTIVE ON GROUNDS OF:

(A) CRIMINAL OFFENCE:

(B) GROSS MISCONDUCT OR GROSS DERELICTION OF DUTY: OR

(C) NCAPACITY.

+6- SECRET

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