TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 228

(D) PARAGRAPH 8 : MEMBERS CONSIDERED THAT THE C.E. SHOULD BE REQUIRED TO ACT IN ACCORDANCE WITH THE ADVICE OF HIS COUNCIL #Of THAT ADVICE WAS TENDERED WITH THE SUPPORT OF A SIGNIFICANT MAJORITY (SAY THREE-QUARTERS) OF COUNCIL MEMBERS. OF THERE WAS NO CLEAR MAJORITY VIEW, THE C.E. SHOLD HAVE THE DISCRETION TO DECIDE WHETHER OR NOT TO ACCEPT THE ADVICE OF THE COUNCIL. GIVEN THE HIGH DEGREE OF AUTOMONY TO BE ENJOYED BY THE SAR, MEMBERS THOUGHT THAT WE SHOULD NOT (NOT) PUT FORWARD ANY PROPOSAL THAT THE C,E. SHOULD BE REQUIRED TO REPORT TO THE C.P.G. UF HE DECIDED TO

GO AGAINST COUNCIL ADVICE.

(E)

PARAGRAPH 13 THERE WAS GENERAL AGREEMENT THAT THE C.E. SHOULD HAVE THE POWER TO DISSOLVE THE LEGISLATURE. IT WAS FELT HOWEVER THAT PARAGRAPH 13(B) COULD BE DELETED AS THE SITUATÉKON

DESCRIBED WAS UNLIKELY TO ARMISE.

THE EXECUTIVE

(F)

PARAGRAPH 8: MIT WAS AGREED THAT, WHILE THE C.E. SHOULD HAVE SOME DISCRETION, THE TERMS OF OFFICE FOR WHICH HE SHOULD NOMINATE INDIVIDUAL MEMBERS OF HMS COUNCIL SHOULD NOT BE LESS THAN

ONE YEAR OR MORE THAN THE DURATION OF HIS OWN TERM OF OFFICE.

MEMBERS WERE NOT IN FAVOUR OF THE C.E. HAVING THE POWER TO

RECOMMEND THAT AN APPOINTMENT BE REVOKED AS THUS MIGHT BE USED AS

A MEANS OF REMOVING OPPOSINTIMON ON THE COUNCIL.

(G) PARAGRAPH 11 : SOME MEMBERS SUGGESTED THAT THE BASING LAW SHOULD PROVIDE THAT AT LEAST 50 PER CENT OF MEMBERS OF THE CEC SHOULD ALSO BE MEMBERS OF THE LEGISLATURE. IT WAS AGREED THAT

THMIS SUGGESTION WOULD REQUIRE FURTHER CAREFUL THOUGHT IN VIEW OF

THE POTENTINAL IMPLICATIONS FOR THE BALANCE OF POWER BETWEEN THE

EXECUTIVE AND LEGISLATURE.

(H)

PARAGRAPH 12 ■ MEMBERS FELT THAT IT WOULD BE PREFERABLE NOT TO INCLUDE REFERENCE TO THE PROPOSED DEVELOPMENT OF THE PRESENT SYSTEM OF ADVISORY BOARDS AND COMMITTEES AS THIS MIGHT RE-AWAKEN

CHINESE CONCERNS OVER THE POSSIBLE INTRODUCTION OF A MINISTERIAL

SYSTEM. RT WOULD BE BETTER THAT SUCH A SYSTEM SHOULD BE ALLOWED TO EVOLVE NATURALLY OVER THE NEXT FEW YEARS. (FOR SIMILAR REASONS *HT WAS AGREED THAT PARAGRAPHS 16(A) AND 17 SHOULD NOT BE INCLUDED.)

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PARAGRAPH 13 : RT WAS AGREED THAT THE POWER OF THE

LEGISLATURE TO VOTE OR DENY FUNDS SHOULD ALSO BE INCLUDED AS ONE

OF THE WAYS IN WHICH THE EXECUTIVE AUTHORITIES WOULD BE RENDERED

ACCOUNTABLE TO THE LEGISLATURE.

THE LEGISLATURE

(J)

PARAGRAPH 3(MM) : MEMBERS RECOMMENDED THAT THE WORD ''DIRECT'' BE DELETED AND THAT CONSEQUENT HAL AMENDMENTS BE MADE

TO PARAGRAPH 4(B).

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((K)