TNAG-1714-FCO40-2393-Hong-Kong-amendments-to-Letters-Patent-and-Royal-Instruction-1988 — Page 21

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THE LETTERS PATENT AND ROYAL INSTRUCTIONS

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The Letters Patent establish the basic framework of the

administration of Hong Kong and, together with the Royal

Instructions passed under the Royal Sign Manual and Signet which lay

down procedures which must be followed, from the written

constitution of Hong Kong. However, there are various

well-established practices which substantially affect the operation

of this formal constitution, so that there is extensive consultation

with the community on all major issues of policy and the conduct of

the administration. The combined effect of the constitution and

these practices forms the practice of government in Hong Kong.

The Letters Patent create the office of Governor and

Commander-in-Chief of Hong Kong, and require him to observe its laws

and the instructions given to him by the Queen or the Secretary of

State. They also deal with the constitution of the Executive and Legislative Councils, and the Governor's powers in respect of legislation, disposal of law, the appointment of judges and public officers, pardons, and the tenure of office of Supreme Court and

District Judges.

The Royal Instructions deal with the appointment of members of the Executive and Legislative Councils, the nature of proceedings in

the Executive Council, the Governor's responsibility to consult the Executive Council and his right to act in opposition to it (a right

not exercised in recent lines). They also deal with the membership

of, and election to, the Legislative Council, the nature of proceedings there, the format of the legislation passed by the Legislative Council, and the nature of legislation which may not be passed. The Standing Orders of the Legislative Council, made under the authority of Royal Instruction XXIII, provide how Bills are to

be passed.

The Governor is the representative of the Queen in Hong Kong.

He has ultimate direction of the administration of Hong Kong and is also the titular Commander-in-Chief. As head of the Government, he