CARRY ON THE SERVICES OF THE GOVERNMENT FOR A LIMITED PERIOD UNTIL
A NEW LEGISLATURE HAS BEEN ELECTED.
15. AGAIN, HOWEVER, IT WOULD SEEM ADVISABLE FOR THE BASIC LAW TO PROVIDE FOR APPROPRIATE BALANCES TO THE POWER OF THE CHIEF EXECUTIVE IN THIS REGARD. THESE MIGHT INCLUDE, AS NOW, A PROVISION FOR FRESH ELECTIONS TO THE LEGISLATURE TO BE HELD WITHIN A SPECIFIED TIME LIMIT FOLLOWING DISSOLUTION. THEY MIGHT ALSO INCLUDE A PROVISION TO THE EFFECT THAT THE CHIEF EXECUTIVE COULD NOT DISSOLVE THE LEGISLATURE ON MORE THAN ONE OCCASION WITHIN EACH TERM OF OFFICE. IN THE EVENT OF DISPUT ARISING FOR A SECOND TIME BETWEEN THE CHIEF EXECUTIVE AND THE LEGISLATURE, THE CHIEF EXECUTIVE MIGHT BE REQUIRED EITHER TO WITHDRAW THE POLICY OR PIECE OF LEGISLATION TO WHICH THE LEGISLATURE OBJECTED, OR TO STEP DOWN PENDING THE HOLDING BY THE GEC OF NEW ELECTIONS TO THE POST OF CHIEF EXECUTIVE.
DISMISSAL
16.
IT WOULD SEEM NECESARY FOR THE BASIC LAW TO INCLUDE REFERENCE TO THE PROCEDURES FOR DISMISSAL OF THE CHIEF EXECUTIVE ON GROUNDS OF:
(A) CRIMINAL OFFENCE:
(B) GROSS MISCONDUCT OR GROSS DERELICTION OF DUTY: 94
(C) INCAPACITY.
17.
WHILE THE POWER OF DISMISSAL WOULD REST WITH THE CENTRAL
PEOPLE'S GOVERNMENT, IT WOULD SEEM DESIRABLE FOR IT TO BE EXERCISED ONLY AT THE REQUEST, OR WITH THE CONSENT, OF A SUBSTANTIAL PROP- ORTION OF THE SAR LEGISLATURE (SAY, NOT LESS THAN TWO-THIRDS OR PERHAPS EVEN THREE-QUARTERS). THE BASIC LAW MIGHT ALSO INCLUDE PROVISIONS ENABLING THE CHIEF EXECUTIVE TO RESIGN IN CIRCUMSTANCES
IN WHICH HE FEELS UNABLE TO CONTINUE IN OFFICE.
ENDS
WILSON
HHLNAN 4779
HONG KONG AGREEMENT
RESTRICTED
LIMITED
COPIES TO:
HD/HKD
HD/FED
MR FIFOOT, LEGAL ADVISERS
RESEARCH DEPT.(FE)
DEP/HD PUSD
MR MC LAREN MR GILLMORE
PS/LORD GLENARTHUR
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