TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 124

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HONG KONG LEGISLATIVE COUNCIL - 13 July 1988

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alternative I will produce a Chief Executive supported by a minority of the Legislative Council while alternatives 2 and 5 will produce a Chief Executive who will gain the support of 10 to 12 per cent of the Members of the legislature. With such a low degree of support, it is difficult to ensure that the Government will operate in a smooth and efficient manner.

According to my own experience, it is important that the Chief Executive should have the support of the majority of the Legislative Council, otherwise, the HKSAR Government will encounter great difficulties in carrying out administrative work, and end up being an ineffective government. Regrettably, it appears that the relationship between the Chief Executive and the Legislative Council has not been examined in great detail by the draft Basic Law Drafting Committee.

(3) Checks and balances between the executive authorities and the legislature The executive authorities shall be vested with the power of formulating policies and drawing up budgets whereas the legislature shall be responsible for monitoring duties. The latter can also reject or cut the budgets submitted to it for examination. The two bodies are independent of each other, creating some sort of checks and balances to ensure that the Government shall operate in a smooth and fair manner.

However, in order to allow the Legislature to play a greater monitoring role, I suggest that the consideration should be given to slightly extending the terms of reference of the legislature. Article 72(9) of the draft Basic Law states that in the event of serious breach of law or dereliciton of duty of the Chief Executive, the legislature may follow certain procedures to raise the motion of impeachment agains the chief executive and report it to the Central People's Government for decision. It is not a satisfactory nor fair arrangement if the target of impeachment is confined to the Chief Executive only whereas other principal officials can remain immue although they may also seriously breach the law or derelict in their duties. Thus, I suggest that the scope of impeachment should be extended to include other principal officials as well.

Acts of abusive use of power by senior officials of the executive authorities may lead to many injustices. If the legislature is to give free play to its monitoring function, it must be given sufficient power to carry out investigation so that the objective specified in the Joint Declaration that the executive authorities should be accountable to the legislature can be attained. Under the circumstances, article 72 of the draft Basic Law must be amended to extend the powers and functions of the legislature and allow it to set up standing panels and ad hoc groups. Such powers have in fact been enjoyed by the British Parliament and the Hong Kong Legislative Council as evidenced by their present mode of operation.

Sir, with these remarks. I support the motion.

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