TNAG-2329-FCO40-3373-Hong-Kong-contacts-with-academics-and-writers-1991 — Page 85

4.22.

Lo

Macro-autonomy

(h)

(a)

The relationship between the PRC legislature and the HKSAR legislature and judiciary.

Sufficient Judicial autonomy?

Sufficient Legislative autonomy?

The Role of Legislators

Hong Kong's legislators beyond 1997 have been deprived by the Basic Law of the right to initiate bills to change government policy. I do not know whether this is said by others to be consistent with the spirit of the Joint Declaration; but it seems to me to be inconsistent with any move towards representative government, arguably designed to thwart its effect, and, I would have thought, perhaps inconsistent with a generous application of the principle of Hong Kong people administering Hong Kong. In article 74, the Basic Law provides that:-

"Bills which do not relate to public expenditure or political

structure or the operation of the government may be introduced individually or jointly by members of the Council. The written consent of the Chief Executive shall be required before bills relating to government policies are introduced." (Emphasis added.)

As OMELCO has said: -

"Members who disagree with a current policy,

will be

deprived of an effective means to change the policy by moving bills to amend the existing legislation

Such an arrangement deviates from the existing practice.

7

17

This raises questions as well about the purpose of some of the other safeguards in the text of the Basic Law. For example, the provisions of articles 49 and 52 need to be examined closely in this context. Article 49 governs the passing of bills contrary to the wishes of the Chief Executive, and provisions of article 52 concern the requirement that the Chief Executive should resign where a new Legislative Council passes a bill he or she has refused to sign. If the Chief Executive's consent is required before bills relating to government policy are introduced, the safeguards in articles 49 and 52 do not seem to me to

47 have much tangible substance. So why are they there? I would hope the Working Group might ask the question too. I deal with, the power of the Chief Executive to dissolve the legislature elsewhere.

48