ENG-1969 — Page 335

Hong Kong Year Books 香港年報 All

CONSTITUTION AND ADMINISTRATION

235

British Forces, the Colonial Secretary, the Attorney General, the Secretary for Home Affairs and the Financial Secretary) and such other persons as are from time to time appointed by the Queen, or by the Governor on the instructions of a Secretary of State. At present there are, in addition to the ex officio members, one nominated official member and eight nominated unofficial members.

The Executive Council usually meets once a week throughout the year, though if urgent business arises additional meetings are held. The Governor presides at meetings of the Council, although he is not a member of it. The Council is primarily a consultative body with the duty to advise the Governor, who is required by the Letters Patent to consult it on all important matters of policy except:

(a) those which are of such immediate urgency as to preclude

prior consultation (in which case the Governor must inform the Council as early as practicable thereafter of the measures adopted and the reasons therefore);

(b) cases in which the interests of the Colony would be

prejudiced by such consultation;

(c) where the appointment, disciplinary control or removal

from office of a public officer is involved.

The Governor in Council (that is, the Governor acting after receiving the advice of the Executive Council) is also the statutory authority for making regulations, rules and orders under numerous Ordinances. The Governor in Council also considers appeals, petitions and objections under Ordinances which confer such a statutory right of appeal.

The decision on any question which comes before the Council is that of the Governor. If he decides to act in opposition to the advice given by a majority of members he is required to report his reasons fully to the Secretary of State in London.

Only the Governor may summon a meeting of Executive Council, and he alone is entitled to submit a question to it for advice. However, if he declines to submit a question when asked by a member of Executive Council to do so, a record of the request and refusal must be entered in the minutes of the Council.

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