TNAG-2991-FCO40-3566-Future-of-Hong-Kong-constitutional-development-1992 — Page 212

CONFIDENTIAL

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INFO PRIORITY PEKING, UKREP JLG HONG KONG

DELEGATION OF AUTHORITY FROM EXCO

SUMMARY

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WE ARE INTRODUCING PROPOSALS FOR DELEGATING EXCO'S POWERS IN

RESPECT OF CERTAIN ROUTINE MATTERS, SO THAT IT CAN HAVE MORE TIME TO FOCUS ON THE BROADER STRATEGIC ISSUES OF THE DAY.

DETAIL

2. WE HAVE IDENTIFIED THREE AREAS WHERE DELEGATION IS

CONSIDERED TO BE DESIRABLE:

(A)

(B)

(C)

EXERCISE OF MINOR STATUTORY POWER OF A ROUTINE NATURE UNDER VARIOUS ORDINANCES, EG. MAKING OF REGULATIONS GOVERNING TECHNICAL MATTERS, PRESCRIPTION AND EXEMPTION OF STATUTORY HEIGHT RESTRICTIONS, EXTENSION OF PERIOD OF OF CLAIMS, APPROVAL OF MAPS OR STATUTORY FORMS, AND REGISTRATION OF MEMORIALS ETC. THESE POWERS SHOULD BE DELEGATED TO THE RELEVANT POLICY SECRETARY OF HEAD OF

DEPARTMENT.

THE SETTING OF MISCELLANEOUS STATUTORY FEES (OF WHICH THERE ARE 5000). THIS POWER IS PROPOSED TO BE DELEGATED TO THE FINANCIAL SECRETARY. THE POWER TO SET THE MORE CONTROVERSIAL FEES AND UTILITY FEES (EG. WATER CHARGES) WILL NOT BE DELEGATED: NEITHER WILL WE SEEK DELEGATION OF POWERS OVER FEES CONTAINING A TAX-LOADING ELEMENT (EG. DRIVING LICENCES) WHICH WOULD CONTINUE TO BE

APPROVED DIRECTLY BY THE LEGISLATURE: AND

DETERMINATION OF ROUTINE APPEALS WHICH DO NOT INVOLVE THE CONSIDERATION OF COMPLEX SOCIAL OR POLITICAL ISSUES (EG. APPEALS IN RESPECT OF THE ISSUE OF AMUSEMENT GAMES CENTRE LICENCES, TIMBER STORE LICENCES ETC). IT IS PROPOSED TO TRANSFER THE HEARING OF SUCH APPEALS TO A CENTRALISED

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CONFIDENTIAL