ENG-1968 — Page 376

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Constitution and Administration

THE principal features of the constitution are prescribed in Letters Patent passed under the Great Seal of the United Kingdom, which provide for a Governor, an Executive Council, and a Legislative Council. Royal Instructions from the Sovereign to the Governor prescribe the membership of the Executive and Legislative Councils.

The Executive Council, which is presided over by the Governor, consists of five ex officio and one nominated official member; and eight unofficial members nominated by the Governor. The ex officio members are the Commander British Forces, the Colonial Secretary, the Attorney General, the Secretary for Chinese Affairs and the Financial Secretary. The eight unofficials at present include four Chinese members.

The main function of the Executive Council is to advise the Governor, who must consult its members on all important matters. The responsibility for deciding questions which come before the Council, and for taking action afterwards, rests with the Governor, who is required to report his reasons fully to the Secretary of State if he acts in opposition to the advice given by the majority of the members. The Governor in Council (i.e. the Governor in the Execu- tive Council) is also given power under numerous ordinances to make subsidiary legislation by way of rules, regulations and orders. A further function of the Council is to consider appeals and petitions under certain ordinances.

The official membership of the Legislative Council consists of the Governor (who is both the President and a member), four ex officio members (the same as those on the Executive Council with the exception of the Commander British Forces) and eight nominated civil servants, making a total of thirteen officials. There is an equal number of unofficial members, nominated by the Governor. At present they include ten Chinese members, one of them a lady. The President has a casting vote in this Council.