TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 272

NOT EX-OFF3UCHO, SUBJECT TO THE GENERAL GUIDELINE THAT THEY SHOULD NOT EXCEED THE DURATION OF HIS OWN TERM OF OFFICE BY SAY, MORE THAN SMX MONTHS. SUCH A PROVINSON WOULD PROVIDE AN IN-COMING CHIEF EXECUTIVE WITH A DEGREE OF FLEXIBILITY IN THE SELECTION OF THE

MEMBERS OF HIS COUNCEL. IT WOULD ALSO BE DESIRABLE FOR THE BAS: IC LAW TO PROVIDE FOR THE RE-APPOINTMENT OF MEMBERS AND FOR THE APPOINTMENT OF A MEMBER TO BE REVOKED ON THE RECOMMENDATION OF THE

CHIEF EXECUTIVE.

(C) POWERS AND FUNCTIONS

THE

9. AS ANDICATED IN PARAGRAPHS 2 AND 3 ABOVE, HIT MIS ENVISAGED THAT

THE FUNCTIONS OF THE CEC WOULD BE VERY SIMILAR TO THOSE OF THE

PRESENT EXECUTIVE COUNCIL.E. TO ADVISE AND ASSIST THE CHIEF

EXECUTIVE IN IMPORTANT MATTERS OF POLICY AND, TOGETHER WITH THE CHIEF EXECUTIVE, TO DECIDE THESE MATTERS ON A CORPORATE BASIS.

BASIC LAW MIGHT INCLUDE PROVISION TO REQUIRE THE CHIEF EXECUTIVE

TO CONSULT THE CEC ON IMPORTANT MATTERS OF POLICY. THE CHIEF EXECUTIVE AND THE CEC MIGHT ALSO BE EMPOWERED, AS NOW, TO ENACT

SUBS HD MARY LEGISLATION UNDER AUTHORITY DELEGATED BY THE LEGISLATURE.

RELATIONSHIP BETWEEN THE EXECUTIVE AND THE LEGISLATURE

10. PAPER OF MAY 1986 EXPLAINED THE NEED FOR A CLOSE RELATIONSHIP

BETWEEN THE EXECUTIVE COUNCIL AND THE LEGISLATIVE COUNCIL. THIS

WAS FURTHER ELABORATED ON NOTE 1 OF OCTOBER 1986 WHICH DESCRIBED

THE ADVANTAGES OF THE WORKING PARTNERSHIP WHICH AT PRESENT EX:HSTS

BETWEEN THE TWO BODIES, AND THE DESIRABILITY OF RETAINING THIS PARTNERSHIP IN TERMS OF THE EFFICIENT ADMINISTRATION OF HONG KONG

AND OF PRODUCING LEGISLATINON ACCEPTABLE WITHIN THE COMMUNITY.

11. ONE OF THE KEY METHODS OF ENSURING THIS WORKING PARTNERSHIP HAS

BEEN TO PROVIDE FOR A SIGNIFICANT ELEMENT OF COMMON MEMBERSHIP

BETWEEN THE EXECUTIVE AND LEGISLATIVE COUNCILS: AT PRESENT 11 OF

THE 16 MEMBERS OF THE EXECUTIVE COUNCIL ARE ALSO MEMBERS OF THE LEGISLATIVE COUNCIL. A SIMILAR PATTERN MIGHT BE ADOPTED FOR THE

CEC AND THE LEGISLATURE OF THE FUTURE HONG KONG SAR. THIS COULD BE

ACHIEVED BY ONE OR BOTH OF THE FOLLOWING MEANS

(A)

THE CHIEF EXECUTIVE SELECTING SOME OF THE MEMBERS OF THE CEC

FROM WITHIN THE LEGISLATURE:

(B) THE CHIEF EXECUTANE BEING ABLE TO PRESENT SOME OF THE MEMBERS OF THE CEC TO THE GRAND ELECTORAL COLLEGE AND INVITING THE COLLEGE TO ELECT THEM TO THE LEGISLATURE.

12. A FURTHER MEANS OF STRENGTHENING THE LINKS BETWEEN THE EXECUTIVE AND THE LEGISLATURE WOULD BE TO RETAIN AND DEVELOP THE PRESENT SYSTEM OF ADVISORY BOARDS AND COMMITTEES SO THAT, IN PRACTICE

ALL KEY COMMITTEES WERE CHAIRED BY AN UNOFF C HAL'' MEMBER OF THE

CEC AND ALSO INCLUDED OTHER MEMBERS OF THE LEGISLATURE. AN APPROACH

ALONG THESE LINES SHOULD HELP ENSURE THAT THERE IS CLOSE LAKSON

Secret

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