UNCLASSIFIED
will not apply. This is reflected in Article 11 of the Basic Law which provides that the systems and policies practised in the SAR, including the social and economic systems, the system for safeguarding the fundamental rights and and freedoms of its residents, the administrative, legislative and judicial systems and the relative policies shall be based on the provisions of the Basic Law. This implies that the provisions of the Constitution in these aspects are not applicable to the HKSAR.
24. The final chapter that have been translated (268-376), Chapter V, deals with the chief executive and the administrative system of the Special Administrative Region (268-375). The first section (268-280) analyzes the political and judicial structure of the SAR. There is some discussion of the concept of the executive-led and legislature-led systems although the book argues that to apply these terms to the SAR is unscientific. The Basic Law provides that there should be checks and balances as well as coordinations between the executive authorities and the legislature. The question of which is superior simply does not arise. Judicial independence is an important feature of the political structure of the SAR. There is also some discussion of the question of accountability and two main types are identified in the Basic Law political accountability and executive accountability. The Government being accountable to the Legislative Council and the Chief Executive being accountable to the SARG's political accountability. The Chief Executive being accountable to the CPG and public servants being accountable to the government all refer to executive accountability. Section II describes the chief executive covering his status (280-288), the selection, term of office and resignation of the chief executive (288-296), and his powers and functions (296-306). The next section deals with relationship between the Chief Executive and the Legislative Council (306-313). As head of the SAR Government he has the legal obligation of being accountable to the Legislative Council. However the Legislative Council does not have the power to pass a no confidence motion or the right to dismiss him or decide whether he should stay or resign. This would be incompatible with the principles laid down in the Basic Law. The next section (313-323) deals with the relationship between the Chief Executive and the Executive Council. Section 6 deals with the Commission against Corruption and the Commission of Audit (323-334).
25. The last two sections deal with the Government of the Special Administrative Region and its various Departments
(335-359), including the District Boards and Urban Councils, and (359-376) with public servants.
Far Eastern Section
Research and Analysis Department
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