ENG-1976 — Page 309

CONSTITUTION AND ADMINISTRATION

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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 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 Chief Secretary, the Attorney General, the Secretary for Home Affairs, and the Financial Secretary), 15 official members and 22 unofficial members.

The official membership was increased from 10 to 15 and the unofficial member- ship from 15 to 22 in August so as to ease the burden of work on individual members and also to include members from a wider social background. At the same time, the potential membership was raised to a ceiling of 18 official members and 23 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 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 a recess of about two months during August-October.

The Finance Committee of the council-which consists of the Chief 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. The committee meets in private.

Judiciary

Under powers conferred on the Governor by the Supreme Court Ordinance— which came into operation in February-the Chief Justice, the Justices of Appeal and the Judges of the High 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