TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 263

(B)

(C)

9.

LEGISLATURE MAY ON ITS OWN AUTHORITY ENACT LAWS IN ACCORDANCE WITH THE PROVISIONS OF THE BASIC LAW AND LEGAL PROCEDURES, AND REPORT THEM TO THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS FOR THE RECORD. LAWS ENACTED BY THE LEGISLATURE WHICH ARE IN ACCORDANCE WITH THE BASIC LAW AND LEGAL PROCEDURES SHALL BE REGARDED AS VALID.**

... THE APPOINTMENT OR REMOVAL OF PRINCIPAL JUDGES (1.E. THOSE OF THE HIGHEST RANK) SHALL BE MADE BY THE CHIEF EXECUTIVE WITH THE ENDORSEMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION LEGISLATURE

་

''THE SYSTEMS BY WHICH TAXATION AND PUBLIC EXPENDITURE MUST

BE APPROVED BY THE LEGISLATURE, AND BY WHICH THERE IS

ACCOUNTABILITY TO THE LEGISLATURE FOR ALL PUBLIC EXPENDITURE, AND THE SYSTEM FOR AUDITING PUBLIC ACCOUNTS SHALL BE

MAINTAINED.''

FURTHER, IN ACCORDANCE WITH THE PROVISION IN THE JOINT DECLARATION THAT THE EXECUTIVE AUTHORITIES SHALL BE ACCOUNTABLE TO THE LEGISLATURE, IT WOULD BE NECESSARY FOR THE LEGISLATURE TO RETAIN THE POWERS OF THE PRESENT LEGISLATIVE COUNCIL TO DEBATE MATTERS OF POLICY AND QUESTION REPRESENTATIVES OF THE EXECUTIVE AUTHORITIES ON ALL MATTERS OF POLICY AND ADMINISTRATION (PARAGRAPHS 13-14 OF NOTE 2 REFER). THE ROLE AND FUNCTIONS OF THE LEGISLATURE OF THE FUTURE SAR WOULD THUS REMAIN SUBSTANTIALLY THE SAME AS THAT OF THE PRESENT LEGISLATIVE COUNCIL.

ENDS

WILSON

YYYY

HMLNAN 4781

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

HD/FED

RESEARCH DEPT.(FE)

DEP/HD PUSD

PS/LORD GLENARTHUR MR MC LAREN MR GILLMORE

Secret