TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 257

3. IN LINE WITH THE PRINCIPLE OF BUILDING ON THE EXISTING INST:HT -

HANDED OVER IN I

UT-MONS, THE MAY 1900 AND OCTOBER 1986 PAPERS ENVISAGED THAT THE CHIEF EXECUTIVE OF THE FUTURE SAR WOULD HAVE THE ADVICE AND ASSIST~ ANCE OF A BODY EQUIVALENT TO THE PRESENT EXECUTIVE COUNCIL. THIS NOTE PUTS FORWARD FURTHER THINKING ON THE COMPOSITION AND FUNCTIONS OF SUCH A BODY WHINCH, FOR THE PURPOSE OF THUS NOTES DESCRIBED AS ''THE CHIEF EXECUTUNE'S COUNCIL'' (CEC).

THE CHIEF EXECUTIVE'S COUNCEL

(A)

METHOD OF SELECTION AND APPOINTMENT

#T WAS SUGGESTED A PAPER ## OF MAY 1986 THAT THE CEC COULD BE FORMED IN ONE OF TWO WAYS:

(A) BY SELECT MON BY THE CHIEF EXECUTIVE HIMSELF FROM AMONG, OR OUTSIDE, PRINCIPAL OFFICIALS AND THE MEMBERSHIP OF THE LEGISLATURE:

(B) AMN PART AT LEAST BY ELECTION FROM AMONG THE MEMBERS OF THE LEGISLATURE THEMSELVES.

5. OPTION (B) WOULD HELP ENSURE THAT THE CEC ENJOYED THE SUPPORT

*IN THE OTHER HAND MT MIGHT AND CONFIDENCE OF THE LEGISLATURE. CREATE THE IMPRESSION THAT THE ROLE OF THE COUNCIL WAS SUBORDINATE TO THAT OF THE LEGISLATURE.

6.

HT MAY THEREFORE BE PREFERABLE FOR THE CHIEF EXECUTIVE TO BE ABLE TO SELECT THE MEMBERS OF HIS COUNCIL, WITH THE EXCEPTION OF EX-OFFICIO MEMBERS (SUCH AS THE FUTURE EQUIVALENTS OF THE PRESENT CHIEF SECRETARY, FINANCIAL SECRETARY AND ATTORNEY GENERAL) WHOSE MEMBERSHIP MIGHT BE STIPULATED IN THE BASIC LAW. TO GIVE THE COUNCIL THE NECESSARY AUTHORITY, THE MEMBERS MIGHT BE NOMINATED BY THE CHIEF EXECUTIVE AND APPOINTED BY THE CENTRAL PEOPLE'S GOVERNMENT.

(B) COMPOSITION

7. THE CHIEF EXECUTIVE WOULD BE THE PRESIDENT OF THE COUNCIL. MEMBERSHIP MIGHT INCLUDE, AS NOW :

NTS

(A)

EX-OFFICIO MEMBERS (SEE PARAGRAPH 6 ABOVE):

(B) CERT HAN OTHER KEY PRINCIPAL OFFICIALS: AND

(C)

11

'UNOFFICIAL'' MEMBERS.

WHICH ONES? & WHY?

↓

TO UNDERLINE THE ADVISORY FUNCTION OF THE COUNCIL, IT WOULD SEEM DESIRABLE TO PROVIDE FOR THE 'UNOFFICIAL' MEMBERS TO BE IN A CLEAR MAJORINTY, ALTHOUGH IT WOULD BE PREFERABLE NOT TO SPECIFY THE ACTUAL PROPORTIONS OF EACH CATEGORY OF MEMBER OR THE TOTAL SIZE OF THE COUNCIL.

8.

IT WOULD ALSO SEEM DESIRABLE TO PROVIDE THE CHIEF EXECUTIVE WITH THE DISCRETION TO RECOMMEND THE TERMS OF OFFICE OF MEMBERS WHO ARE

Secret

NOT SURE

SEE WH

/NOT