TNAG-1844-FCO40-2619-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 114

20-MAR-1989 17:28

GOVERNMENT SECRATARIAT

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2 -

J

5

(If pressed.)

Premature to

consider

whether action

needs to be taken to enshrine Covenants in Hong Kong law until clear what final version of BL will be. But one option

incorporate them in local

would

be to

legislation.

Article 106: Balanced budget

7

BL should set out degree of autonomy provided for in JD. In first round Of consultation, suggested that economic provisions restricted this autonomy. Changes made in second draft. But one line of argument is that Article 106 still restricts SARG'S autonomy. Will study carefully

carefully and

and put any views to Chinese authorities through appropriate channels. pressed.] Seems a good case for saying that there is still room for improvement,

Powers of CE: properly accountable to legislature? Balance of power correct?

8

9

In

[I

practicel terms, CE accountable to legislature

because:

legislature must pass laws (Article 72(1)). He can return Bill for recommendation, but they can force him to sign by repassing with two-thirds majority (Article 49);

legislature must approve budgets, taxation and public expenditure (Article 72(2) and (3)). CE has only limited

approve temporary appropriations during dissolution (Article 51);

power

to

legislature may impeach CE (Article 72(9)).

balance between CE and

Impossible to

say if these arrangements are ideally correct. But provide for legislature. Many Political systems have different structures. SAR likely to France than UK.

operate more like US Or