ENG-1978 — Page 320

CONSTITUTION AND ADMINISTRATION

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and nine unofficial members in addition to the five ex-officio members. The Governor presides at meetings of the council, although he is not a member.

The council usually meets once a week throughout the year. Its function is to advise the Governor, who is required by the Royal Instructions to consult it on all important matters of policy, subject to certain exceptions such as cases of extreme urgency.

In accordance with Royal Instructions, the Governor decides on matters to be put before the council. However, should he not agree to a request by a member for discussion of a particular matter, a record of both request and refusal must be entered in the minutes of the council should the member so desire.

Decisions on matters considered by the council are taken by the Governor. But if he decides to act against the advice of 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 council also is 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

The maximum potential membership of the Legislative Council is 50, made up of 25 official members (including the Governor and four ex-officio members, the Chief Secretary, the Financial Secretary, the Attorney General and the Secretary for Home Affairs) and 25 unofficial members. Present actual membership is 21 official and 24 unofficial members, thus leaving room for expansion within the approved maximum when the need arises. All members, except the Governor and other ex-officio members, are appointed by the Queen or the Governor on the instructions of the Secretary of State.

The primary functions of the Legislative Council are the enactment of legislation and control over 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 also may be made by the Parliament of the United Kingdom and by the Queen by Order in Council in exercise either of preroga- tive powers or of powers conferred by an English Act of Parliament.

The council meets in public once every two weeks throughout the year, except for a recess of about two months in August and September. A wide-ranging debate on government policy follows the Governor's address at the opening of the new session of the council in October each year. The Budget debate on financial and economic affairs takes place in February and March each year during the second reading of the Appropriation Bill.

The Finance Committee of the council - consisting of the Chief Secretary (chair- man), the Financial Secretary, the Director of Public Works and all the unofficial members of the Legislative Council - considers requests for public expenditure and the supplementary provision of funds. The committee meets in private.