TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 269

(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

ADMINISTRATION 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

HD/FED

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

RESEARCH DEPT.(FE)

DEP/HD PUSD

PS/LORD GLENARTHUR MR MC LAREN MR GILLMORE

Secret