TNAG-1748-FCO40-2467-Visit-by-Sir-Geoffrey-Howe--Secretary-of-State-for-Foreign-a-1988 — Page 61

CONFIDENTIAL

made more precise is a matter for consideration.

EXECUTIVE NOT SUFFICIENTLY ACCOUNTABLE TO LEGISLATURE?

Draft Basic Law makes specific provisions :

"

Article 43 : The Chief Executive of the Hong Kong

SAR shall be accountable to the Central People's

Government and the Hong Kong SAR in accordance with the

provisions of this Law".

Article 64 : The executive authorities of the Hong Kong

SAR must abide by the law and shall be accountable to the

Legislative Council of the Hong Kong SAR.

Recognise that relationship between executive and legislature

is an important and complex issue. In devising arrangements for the

future SAR, must have regard to present system which has worked well and is suited to the unique circumstances of Hong Kong. Not

appropriate simply to import system practised elsewhere, founded on

a different political tradition. The key need is for a system which

provides for both checks and balance, as well as co-operation

between the executive and the legislature. Accept that there is room

for debate on whether system set out in draft best suits Hong Kong's

future needs. But critics should advance feasible alternatives.

Hong Kong Department May 1988

CONFIDENTIAL