TNAG-2714-FCO40-3920-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1993 — Page 187

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SECOND REPORT FROM

Chief Executive should be elected six months before the transfer of sovereignty, ie in January 1997, so that, like a new President of the United States, he has a chance to prepare for government after the transfer itself. It is important for Hong Kong's stability that the first Chief Executive should not be asked to take on his heavy and extensive responsibilities on the day of his election. The role of the first Chief Executive in ensuring a smooth transfer is of great importance and delicacy. The second and subsequent Chief Executives, however, should in our view be elected by universal suffrage.

Relationship between the Executive and the Legislature

3.19. At present the Governor has the ultimate direction of the administration of Hong Kong. Legislation is enacted and money is provided by the Legislative Council, of which the Governor is also the president. The 10 official members of the Legislative Council are civil servants who act in the place of Ministers in answering questions and putting through the Government's legislative programme. The Hong Kong Government's memorandum to the Committee explained that the Governor's powers are extensive: "He appoints all members of the Executive Council and some members of the Legislative Council; he can refuse assent to Bills passed by the Legislative Council; he appoints judges and senior public officials; and he may dissolve the Legislative Council. But... [he] does not in practice exercise his full powers within Hong Kong."

"1

3.20. If all members of the Legislative Council are directly elected in 1995, the Government will have to find a new way to promote legislation, answer questions, and reply to debates. Mr Allen Lee in his speech in the debate in the Legislative Council on the Second draft of the Basic Law (at a time when he did not envisage full democracy until after 1997) recommended that the Chief Executive should appoint at least half of the Executive Council members from among the members of the Legislative Council: “This requirement would ensure that the Chief Executive has reasonable support in a fully elected legislature, and that the legislature has influence in the policy-making process. The members of the Executive Council appointed from the Legislative Council should help to explain and obtain support on the one hand and act as a check on ExCo's policy-making process on the other.” However, this whole area will have to be carefully considered in Hong Kong against a background of considerable scope for development in any chosen system. It will have to be borne in mind that the proposed structure applies separation of powers and the Chief Executive resembles much more a President than a Prime Minister. The independence and strength of the legislature is therefore paramount whether or not any of its Members are appointed to the executive.

3.21. The Joint Declaration states that "the executive authorities shall abide by the law and shall be accountable to the legislature". Accountability is, in our view, a most important element in ensuring the necessary degree of autonomy for Hong Kong. The balance of power between the executive and legislature must be such that the legislature is able to keep a proper check on the executive. Under the provisions of the second draft of the Basic Law, the balance is weighted over much in favour of the Chief Executive. For example, the Chief Executive has power to dissolve the Legislative Council if it refuses to pass an appropriation bill or any other important bill introduced by the government. Similarly the Chief Executive may dissolve the Legislative Council if it twice passes a bill which he/she refuses to sign, and he/she need resign only if the new Legislative Council passes the same bill by a two thirds majority and he/she still refuses to sign it.'

3.22. By the same provisions, the Chief Executive "shall be accountable to the Central People's Government" and shall "be appointed by the Central People's Government"s as well as being accountable to the Hong Kong SAR and selected locally. It was intended that the relationship between the Chief Executive and the Central People's Government should mirror that between the Governor and the British Government. Clearly the Hong Kong SAR will need to have a bridge between itself and the Central People's Government such as that provided by this relationship, just as Hong Kong as a dependent territory has needed one with the British Government. Because of this relationship, however, the Legislative Council alone is accountable through election only to the people of Hong Kong. Consequently, in order to

' Evidence, p 36.

* Second Draft Basic Law, Article 50.

3 Articles 50 and 52.

* Article 43.

• Article 45.