ENG-1946 — Page 158

Chapter 3.

ADMINISTRATION.

The Government of Hong Kong derives its constitutional authority from Letters Patent and Royal Instructions issued from time to time and is administered by a Governor assisted The by an Executive Council and a Legislative Council. Executive Council, which is consulted by the Governor on all important administrative matters, includes the senior Military Officer, the Colonial Secretary, the Attorney General, the Secretary for Chinese Affairs, the Financial Secretary (who are members ex officio) and such other members, both official At the end of 1946 there and unofficial, as may be appointed. were seven official members (including the five ex officio members mentioned above) and four unofficial members, two of whom were Chinese.

At

The Legislative Council consists of not more than nine official members, including the same five ex officio members listed above, and not more than eight unofficial members. the end of 1946 there were nine official members and seven unofficial members. The procedure of this Council, with the advice and consent of which all legislation is enacted and by which all expenditure from public funds has to be approved, There are three is based on that of the House of Commons.

standing committees of the Legislative Council - the Finance Committee, the Law Committee and the Public Works Com- mittee and select committees are from time to time set up to advise on matters before the Council.

The English Common Law forms the basis of the legal system, modified by Hong Kong Ordinances of which an The law as edition revised to 1931 was published in 1938.

to civil procedure was codified by Ordinance No. 3 of 1901. The Colonial Courts of Admiralty Act, 1890, regulates the jurisdiction of the Supreme Court in Admiralty cases.

During the first five months of 1946 the Colony was still under Military Administration and administrative authority was concentrated in the hands of the Commander-in-Chief who governed by Proclamation. The laws of the Colony as modified by the Proclamations of the Military Administration had become effective again from 1st September, 1945, when the first Proclamation was issued, and at the end of 1945 Admiral Harcourt, the Commander-in-Chief, had delegated full powers to the Chief Civil Affairs Officer, Brigadier D. M. MacDougall. The criminal jurisdiction of the Supreme Court and of the magistracies was exercised during the Military Administration by a General Military Court and by Summary Military Courts respectively. Civil jurisdiction was suspended but rent tribunals were set up at the end of 1945 to deal with cases arising out of rent restrictions and tenancy disputes.