TNAG-1842-FCO40-2617-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 34

PROGRESS IN IMPLEMENTING THE SINO-BRITISH JOINT DECLARATION OF 1984

ON HONG KONG (FCO/FAC/3/89)

SUBMITTED BY THE HONG KONG GOVERNMENT

Introduction

HONG KONG: THE SYSTEM OF GOVERNMENT

1.

The formal constitutional arrangements for the administration of Hong Kong are set out in the Letters Patent 1917-88 and Royal

Instructions 1917-88.

They provide, inter alia, for the appointment

of a Governor and the establishment of an Executive Council and a Legislative Council. The Governor is the representative of the Queen in Hong Kong and the titular Commander-in-Chief of the British

Forces stationed in Hong Kong. He is also the head of the Hong Kong Government. He presides over the Executive Council, the principal policy-making body, and the Legislative Council, which makes laws and authorizes public expenditure.

The relationship between HMG and the Hong Kong Government

2.

The Letters Patent also give the Queen-in-Council reserve powers to legislate for Hong Kong. Any such legislation takes precedence over Hong Kong laws. However, although British legislation has in the past frequently been extended to Hong Kong, this has always been done in close consultation with the Hong Kong Government. Such legislation will either be replaced by locally enacted legislation before 1997 or be allowed to lapse in that year.

3.

Bills

The bulk of Hong Kong's statutory law is enacted locally. passed by the Legislative Council require the assent of the Governor and are further subject to disallowance by the Queen on the advice of the Secretary of State. But the Governor has only once, in 1946,