TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 273

AND COMMUNICATION BETWEEN THE EXECUTIVE AND THE LEGISLATURE THROUGH- OUT THE PROCESS OF POLICY FORMULATION, AND THAT SUCH POLICIES AND THE RESULTANT LEGISLATION RECEIVE THE WIDEST POSSIBLE SUPPORT. THIS HOWEVER, NS AN ADMINISTRATIVE MATTER WHICH WOULD NOT NEED TO BE STIPULATED IN THE BASIC LAW.

·

13. SECTION OF ANNEX *$$ TO THE JOINT DECLARATHON PROVIDES THAT ''THE EXECUTIVE AUTHORINTHES SHALL ABIDE BY THE LAW AND SHALL BE ACCOUNTABLE TO THE LEGISLATURE'', WHILE THE TERM 'EXECUT:INE AUTHORMITIES'S NOT SPECIFICALLY DEFINED, IT WOULD APPEAR THAT THUS PROVINSON WOULD BE MET BY MAINTENANCE OF A SYSTEM SIMILAR TO THE PRESENT ONE, THE ESSENTHAL ELEMENTS OF WHICH ARE THAT THE LEGISLATURE HAS THE POWER:

(A)

TO DEBATE MATTERS OF POLICY:

(B) TO QUEST KON THE ADMINISTRATION ON PUBLIC MSSUES FOR WHICH T

NS RESPONSIBLE :

(C) TO CALL THE ADMINISTRATION TO ACCOUNT FOR THE EXPENDITURE OF

PUBLIC FUNDS.

14. IN PRACTICE, THE TEN GOVERNMENT OFFICIALS WHO ARE MEMBERS OF THE LEGISLATIVE COUNCIL ARE REGULARLY CALLED UPON TO ANSWER

QUEST-MONS AND TO REPRESENT THE GOVERNMENT POSITION IN DEBATE. OTHER

OFF:ECIALS MAY BE CALLED TO ATTEND MEETINGS OF THE COUNCIL'S STANDING

COMMITTEES (THE FINANCE AND PUBLIC ACCOUNTS COMMITTEES) AND OF

THE TWO SUB-COMMITTEES OF THE FINANCE COMMITTEE.

15. THE GOVERNMENT OFFICIALS WHO ARE MEMBERS OF THE LEGISLATIVE

COUNCIL ALSO PLAY AN HMPORTANT ROLE IN INTRODUCING GOVERNMENT

BUSINESS AND LEGISLATION INTO THE COUNCIL. THE PARTICIPATION OF

OFFICALS IN THE WORKINGS OF THE COUNCIL IS THUS A DISTINCTⱭWE

FEATURE OF THE PRESENT RELATIONSHIP BETWEEN THE EXECUTIVE AND THE

LEGISLATURE. WHILE IT WOULD BE POSSIBLE FOR OFFICIALS TO ATTEND

BEFORE THE LEGISLATURE WITHOUT BEING MEMBERS, CONSIDERATION WOULD

NEED TO BE GIVEN TO APPROPRIATE ARRANGEMENTS FOR THE INTRODUCTION

OF GOVERNMENT BUSINESS AND LEGISLATION, FUNCTIONS WHICH HAVE

HITHERTO BEEN CARRIED OUT ONLY BY FULL MEMBERS OF THE LEGISLATIVE

COUNCIL.

16. ONE POSSIBILITY IS THAT AS SUGGESTED IN NOTE 2 OF OCTOBER 1986, THE BASIC LAW MIGHT PROVIDE FOR A SYSTEM WHEREBY KEY SENHOR OFFICIALS

COULD BE PRESENTED FOR ELECTION TO THE LEGISLATURE BY THE GEC, ALONG THE LINES SUGGESTED IN PARA 11(B) ABOVE. IT IS NOT POSSIBLE,

HOWEVER, TO BE CERTAIN AT THIS STAGE THAT SUCH AND OPTION WOULD BE

ACCEPTED GENERALLY IN HONG KONG. AF HT WERE CONSIDERED THAT HT

WOULD NOT BE CONSISTENT WITH THE JOINT DECLARATION FOR GOVERNMENT

OFFICIALS TO CONTINUE TO BE MEMBERS OF THE LEGISLATURE, THE OPTIONS

WOULD SEEM TO BE FOR THE BASIC LAW TO PROVIDE EITHER :

(A) FOR GOVERNMENT BUSINESS TO BE INTRODUCED BY ''UNOFFICIAL**

MEMBERS OF THE LEGISLATURE, ON BEHALF OF THE ADMINISTRATION: OR

Secret

(1)