ENG-1982 — Page 24

REVIEW

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But who are its members, and how does it work? At its private meetings every Tuesday the Governor presides; the various branches responsible for initiating policy put papers before it for decision; the Members advise and the Governor then orders. No legislation is introduced into the Legislature without ExCo's imprimatur first: no government policy, nor any change in existing policy, is made without its prior advice and agreement: sitting as 'The Governor-in-Council' it acts quasi-judicially to decide administrative appeals under many ordinances or to consider petitions; it is responsible for enacting most subsidiary legislation.

Its Constitution, laid down in the Royal Instructions, fits it uniquely for its role. The four senior members of the Government the Chief Secretary, Financial Secretary, Attorney General and Secretary for Home Affairs - are Ex-Officio Members, as is the Commander of the British Forces, usually a Major-General. One other governmental official is an appointed member. But the majority of the council, the remaining nine, are all Unofficials - members from the private sector; some, but not all, are also Legislative Councillors. When one is absent from Hong Kong an alternate, usually from that council, sits in his place. The provenance of the Unofficials is very wide; the careers of the men and women who in the recent past have advised in ExCo reveal a bewildering variety of talents: a scientific technocrat with a PhD, the executive chairman of one of the world's largest banks, directors of others, a Jesuit priest, Queen's Counsel and solicitors, a headmistress herself in holy orders, doctors and accountants, taipans and textile magnates, retailers, merchants and managers. Their practical experience and personal knowledge range over fields as wide as high finance, education, medical care for the disabled or the problems of labour. Little wonder when to this personal expertise is added their intimate knowledge of the small place that is Hong Kong its ways, its needs, its people - that the talents and performance of ExCo bear comparison with Cabinets anywhere: 'by their deeds and results shall ye know them'.

By his oath on appointment each member, whether Official or Unofficial, swears to give personal and independent advice and counsel according to his conscience 'for the good management of the public affairs of Hong Kong'; so it is that on occasions Ex-Officio Members may oppose proposals put forward by the administration of which they are part, whilst on others Unofficials may argue strenuously against the sometimes selfish interest of the sector of commerce or industry in which they work. Many proposals go no further than ExCo, or are considerably amended, on the advice of members, who may doubt the wisdom of a proposed course of action, or consider the principles underlying the proposal are not acceptable, or that the timing is inapt. It is to the wise advice of the members of ExCo and their predecessors over the years that the success and stability of Hong Kong have been in no small measure due.

The discussions in Council are secret, the minutes are decision minutes, but its procedure is well known. The agenda item is reached; any member with an interest to declare does so and retires from the room unless invited by the Governor for special reasons to remain; the public servants who produced the paper, along with any necessary experts, enter the Chamber and sit at the end of the long table; questions are asked by members to clarify points or raise new matters; the discussions commence, by convention usually the Senior Unofficial, who is almost invariably Chinese and who has a particular standing both in the council and in the community, first offering his advice; others state their views; the debate continues until usually a consensus emerges, but if not, a straw vote is taken or the decision deferred; finally the Governor announces his decision which the clerk records in the minutes. Later, on receipt of the relevant minute, the government machinery starts to