TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 67

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141435 MDHOAN 6868

ARTICLE OR IN ARTICLE 2 :

(B) QUOTE ACCOUNTABILITY UNQUOTE : (I) THE LAST SENTENCE OF THE

THIRD PARAGRAPH OF SECTION I OF ANNEX I TO THE JOINT DECLARATION

PROVIDES THAT THE QUOTE EXECUTIVE AUTHORITIES SHALL ABIDE BY THE LAW AND SHALL BE ACCOUNTABLE TO THE LEGISLATURE UNQUOTE. ARTICLE

64 OF THE 1989 TEXT PROVIDES THAT THE GOVERNMENT OF THE SPECIAL

ADMINISTRATIVE REGION SHALL BE ACCOUNTABLE TO THE LEGISLATIVE COUNCIL IN FOUR RESPECTS : IMPLEMENTING LAWS, PRESENTING REPORTS ON ITS WORK, ANSWERING QUESTIONS AND OBTAINING APPROVAL FOR TAXATION AND EXPENDITURE. THE QUESTION ARISES WHETHER, TAKEN AS A WHOLE, ARTICLE 64 PROVIDES FOR COMPREHENSIVE ACCOUNTABILITY FOR MATTERS FOR WHICH THE SARG IS RESPONSIBLE. A SHORTER AND MORE COMPREHENSIVE FORMULATION OF ARTICLE 64 TO GIVE EFFECT TO THE

PASSAGE FROM THE JOINT DECLARATION QUOTED ABOVE WOULD BE : QUOTE THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE

REGION SHALL ABIDE BY THE LAW AND SHALL BE ACCOUNTABLE TO THE

LEGISLATIVE COUNCIL OF THE REGION FOR MATTERS WHICH THE HONG KONG

SPECIAL ADMINISTRATIVE REGION ADMINISTERS ON ITS OWN IN ACCORDANCE WITH THIS LAW UNQUOTE.

(II) ADDITIONAL PROVISION FOR ACCOUNTABILITY IS PROVIDED BY ARTICLE 72(9) WHICH RELATES TO IMPEACHMENT. HOWEVER, ALTHOUGH THAT ARTICLE PROVIDES FOR THE CENTRAL PEOPLE'S GOVERNMENT DECIDING WHAT TO DO WHEN THE LEGISLATIVE COUNCIL PASSES A MOTION OF IMPEACHMENT, THE BASIC LAW IS SILENT AS TO ANY REQUIREMENT THAT THE CHIEF EXECUTIVE SHALL VACATE HIS OFFICE IF THE CENTRAL

PEOPLE S GOVERNMENT ENDORSES THE MOTION. AN EXPRESS PROVISION (POSSIBLY IN ARTICLE 52) REQUIRING THE CHIEF EXECUTIVE TO VACATE

OFFICE IN THAT EVENT WOULD APPEAR TO BE DESIRABLE. IN THIS CONNECTION IT IS ALSO NOTED THAT THE 1989 DRAFT MAKES NO PROVISION FOR ENFORCING THE RESIGNATION OF A CHIEF EXECUTIVE IF, NOTWITHSTANDING ARTICLE 52(1), HE REFUSES TO RESIGN EVEN THOUGH

HE NO LONGER HAS THE ABILITY TO DISCHARGE HIS FUNCTIONS. THIS

OMISSION COULD BE RECTIFIED BY ADDING TO ARTICLE 72(9) AN

ADDITIONAL GROUND OF IMPEACHMENT : REFUSAL TO RESIGN DESPITE THE

CE'S INABILITY TO DISCHARGE HIS DUTIES.

(C) QUOTE ECONOMIC AND TRADE POLICIES UNQUOTE: THE SECOND

SENTENCE OF SECTION VI OF ANNEX I TO THE JOINT DECLARATION PROVIDES THAT THE HONG KONG SPECIAL ADMINISTRATIVE REGION QUOTE

SHALL DECIDE ITS ECONOMIC AND TRADE POLICIES ON ITS OWN UNQUOTE.

A PROVISION TO THIS EFFECT AS REGARDS EXTERNAL TRADE WAS

APPARENTLY INCLUDED IN WORKING DRAFTS OF THE SPECIAL GROUP ON THE

ECONOMY UP TO DECEMBER 1987, BUT IS OMITTED FROM THE PUBLISHED

TEXTS OF APRIL 1988 AND FEBRUARY 1989. THE OMISSION OF A

PROVISION REFLECTING THE PASSAGE QUOTED ABOVE CONSTITUTES A

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