ENG-1971 — Page 319

CONSTITUTION AND ADMINISTRATION

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power to disallow laws passed by the Legislative Council and assented to by the Governor. In addition, laws having effect within the Colony may also be made by the Parliament of the United Kingdom and by the Queen by Order in Council in exercise either of prerogative powers or of powers conferred by an English Act of Parliament.

The procedure in the Legislative Council is broadly similar to that of the House of Commons, with provisions for public debates and for questions. There is a debate on financial and economic affairs in February/March of each year during the second reading of the Appropriation Bill. A wider-ranging debate on social prog- ress and government policy in general normally takes place at the opening of the new session of the Council in October of each year.

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The Finance Committee of the Council, which consists of the Colonial Secretary (Chairman), the Financial Secretary, the Director of Public Works and all the unofficial members of the Legislative Council, considers requests for the supplementary provision of funds, and meets in private once a fortnight on average.

JUDICIARY

Under powers conferred on the Governor by the Supreme Court Ordinance, the Chief Justice, the Senior Puisne Judge and the puisne judges of the Supreme Court are appointed by Letters Patent issued under the Public Seal by the Governor on instruc- tions from the Queen given through, and on the recommendation of, the Secretary of State; district judges and magistrates are ap- pointed by the Governor by instrument under the Public Seal or by warrant. The qualifications of puisne judges are prescribed in the Supreme Court Ordinance and those of district judges in the Dis- trict Court Ordinance.

The function of the Judiciary is to try all prosecutions and to determine civil disputes, whether between individuals or between individuals and the Government. The principle of English con- stitutional law that, in the performance of their judicial acts, members of the Judiciary are completely independent of the executive and legislative organs of the Government is fundamental in Hong Kong. The English common law and the rules of equity are in force in Hong Kong, so far as they may be applicable to local circumstances. English Acts of Parliament are in force in the Colony only if applied to Hong Kong by the Legislative Council or by their own terms or by an Order in Council. The locally enacted laws of the Colony are