ENG-1971 — Page 318

Hong Kong Year Books 香港年報 All

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CONSTITUTION AND ADMINISTRATION

The Executive Council usually meets once a week throughout the year but additional meetings are held if necessary. The Governor presides at meetings of the Council, although he is not a member of it. The Council's function is to advise the Governor, who is required by the Royal Instructions to consult it on all important matters of policy except:

(a) those of such immediate urgency as to preclude prior con- sultation (in which case the Governor must inform the Council as early as practicable of the measures adopted and the reasons for them);

(b) where such consultation could prejudice the interests of the

Colony;

(c) where the appointment, disciplinary control, or removal

from office of a public officer is involved.

Meetings of the Council are called by the Governor, who alone decides in accordance with the Royal Instructions which matters to submit for its advice. However, should the Governor not submit a matter for the Council's advice when requested by a member to do so, a record of the request and refusal must be entered in the minutes of the Council.

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 the majority of members, he is requested to report his reasons to the Secretary of State.

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 a number of ordinances. The Governor in Council also considers appeals, petitions, and objections under ordinances which confer such a statutory right of appeal.

LEGISLATIVE COUNCIL

This Council comprises the Governor, who is both a member and president, four ex officio members (the Colonial Secretary, the Attorney General, the Secretary for Home Affairs, and the Finan- cial Secretary), eight official members and 13 unofficial members. With the exception of the ex officio members, all members are appointed by the Queen or by the Governor on the instructions of the Secretary of State.

The primary functions of the Council are to enact legislation and to control the expenditure of public funds. The Queen has the

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