TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 94

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LEGISLATURE. THEY ALSO CONSIDER THAT THE IMPORTANCE OF THE POWER AT PARAGRAPH 17(C) SHOULD BE MORE STRONGLY EMPHASISED. WE THEREFORE SUGGEST THAT THE 4TH AND 5TH SENTENCES BE REWORDED AS FOLLOWS :

''RTEM (C) WOULD ALSO BE ESSENTIAL AS A MEANS OF ENSURING THAT THE EXECUTIVE RETAINS THE POWER TO PLAN AND CONTROL PUBLIC EXPENDITURE. ON THE OTHER HAND, IF IT WERE CONCLUDED THAT THE CHIEF EXECUTIVE SHOULD NOT BE PRESIDENT OF THE LEGISLATURE, IT MIGHT BE APPROPRIATE TO TRANSFER TO THE PRESIDENT THE POWERS LISTED IN PARAGRAPH 17(B) (D) AND (F), IN ADDPTION TO THE POWERS LISTED IN PARAGRAPH 18.'

(G) PARAGRAPH 21: MEMBERS ADVISED THAT THEY WOULD PREFER TO RETAIN THE SUGGESTION THAT THE CHIEF EXECUTIVE WOULD ONLY EXERCISE HUS POWER TO DISSOLVE THE LEGISLATURE AFTER CONSULTING THE EXCO. NOTWITHSTANDING THE COMMENT AT PARAGRAPH 1(L) OF YOUR TELNO 1789, WE WOULD SUGGEST THAT THE 1ST SENTENCE BE REWORDED AS FOLLOWS :

''AS A FURTHER CHECK, THE CHIEF EXECUTIVE MIGHT HAVE THE POWER TO DISSOLVE THE LEGISLATURE. HE SHOULD BE REQUIRED TO TAKE THE ADVICE OF HIS EXECUTIVE COUNCIL BEFORE DOING SO.''

THE EXECUTIVE (NOTE 2)

(H) PARAGRAPH 14 1ST SENTENCE : AMEND TO READ :

''THE GOVERNMENT OFFICIALS WHO ARE MEMBERS OF THE LEGISLATIVE COUNCIL AND, MN PARTICULAR, THE THREE EX-OFFICIO MEMBERS WHO ARE ALSO EX-OFFICIO MEMBERS OF THE EXECUTIVE COUNCIL, PLAY AN IMPORTANT ROLE IN INTRODUCING GOVERNMENT BUSINESS

THE LEGISLATURE (NOTE 3)

(M) PARAGRAPH 7(C) : INSERT THE WORDS ''TO GIVE REASONABLE SUPPORT TO THE CHIEF EXECUTIVE AND

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AFTER THE WORD ''CHOSEN'' AND BEFORE THE WORD ''TO''

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2. WE LOOK FORWARD TO RECEIVING YOUR COMMENTS ON OUR SUGGESTED AMENDMENTS, TOGETHER WITH ANY FURTHER CHANGES ARISING FROM THE MEETING BETWEEN THE SECRETARY OF STATE AND THE GOVERNOR. IN THE MEANTIME WE ARE FINALISING TRANSLATION AS FAR AS POSSIBLE.

FORD

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