the Chief Executive must obtain a certifying document from
the CPG, which will be binding in the SAR courts, "on questions of fact concerning acts of state such as defence and foreign affairs" whenever such questions arise in the
cases being judged. Finally, under BL159, the power to
amend the Basic Law itself rests with the NPC, although any
amendment bills require the assent of two thirds of LegCo,
two thirds of the SAR's deputies to the NPC and the Chief
Executive. Articles such as these, while not draconian in
themselves, could be manipulated to be so.
6.
In comparison with those of the Governor, the powers of
the Chief Executive in relation to his LegCo are more
constrained. The Governor may dissolve LegCo at any time
(RI XXVIII A) but the CE may only dissolve LegCo once during
his term of office, (BL 50). LegCo cannot, of course,
remove the Governor. But, under the Basic Law, if two
consecutive LegCos refuse to pass the same piece of legislation is obliged to resign (BL52).
he
The CE
LegCo may also,
in certain circumstances, pass a motion of impeachment
against the Chief Executive, (BL 73(9)).
KGBABI/3
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