ENG-1975 — Page 279

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CONSTITUTION AND ADMINISTRATION

requested by a member to do so, a record of the request and refusal must be entered in the minutes of the council if the requesting member so requires.

The decision on any question which comes before the council is that of the Gover- nor. If he decides to act in opposition to the advice given by the majority of members, he is required to report his reasons to the Secretary of State.

The Governor in Council (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 Financial Secretary), 10 official members and 15 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 Legislative Council are to enact legislation and to control the expenditure of public funds. The Queen has the power to disallow laws passed by the council and assented to by the Governor. In addition, laws having effect within Hong Kong 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 has provision for public debates and 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 progress, and government policy in general, takes place at the opening of the new session of the council in October each year. The council meets in public once every two weeks throughout the year except for approximately a two-month recess which takes place during August-October.

The Finance Committee of the council, which consists of the Colonial Secretary (chairman), the Financial Secretary, the Director of Public Works and all the un- official members of the Legislative Council, considers requests for public expenditure and the supplementary provision of funds, and meets in private.

Judiciary

Under powers conferred on the Governor by the Supreme Court Ordinance, the Chief Justice and the puisne judges of the Supreme Court are appointed by Letters Patent issued under the Public Seal by the Governor on instructions from the Queen given through, and on the recommendation of, the Secretary of State. District judges and magistrates are appointed 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 District Court Ordinance.