121. The Governor has a fundamental role to play in the legislative process. Laws are made by the Governor, by and with the advice and consent of the Legislative Council. The presence of the Governor is symbolic of the status of theegislative Council, and adds to the dignity of its proceedings. The Gnor, as President of both the Executive and the Legislative Councils, provides at least a symbolic link between the two Councils. Furthermore, it is valuable for the Governor to be able to hear and witness at first hand Councillors expressing their views on the issues of the day, and to observe how their opinions are developed and presented.
122. The question has nevertheless been raised whether it is appropriate for the Governor, as the principal executive authority and head of the Executive Council, to remain as the impartial President of the Legislature. It has been suggested that this dual role may lead to a conflict of interest.
123. If it were considered desirable, the Governor could be replaced as President of the Council by a person from outside the Council or by another Member of the Council. Such a step would not affect his powers as Governor in regard to the Council (see paragraph 117 above). Consideration would, how- ever, need to be given to whether the new President should exercise all the powers now attached to the Presidency (see paragraph 118 above). The person concerned would need to be of appropriately high standing in the eyes of the community and the Legislature. Past experience of the conduct of business of the Council would also clearly be desirable.
124. If it were concluded that the Governor should remain as President of the Council, it would be for consideration whether, in the light of his heavy commitments and other practical considerations, he might appoint another person to preside from time to time in his place. This might be the Chief Secretary, but could also be another Member of the Council or a person from outside the Council.
125. Possible options are:
(i) no change;
(ii) that the Governor might appoint some other person (either the Chief Secretary, another Member of the Council or a person from outside the Council) to preside in his absence for specific sittings or parts of sittings;
(iii) that the Governor should withdraw from the presidency at some stage
and be replaced by a Member of the Council or other person.
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