ENG-1986 — Page 35

18

CONSTITUTION AND ADMINISTRATION

The Standing Orders of the Legislative Council, made under the authority of Royal Instruction XXIII, provide how Bills are to be passed.

Central Government

Executive Council

The Executive Council consists of four ex-officio members the Chief Secretary, the Commander British Forces, the Financial Secretary and the Attorney General – together with other members who are appointed by the Governor with the approval of the Secretary of State. As at December 31, 1986 there are 12 appointed members, including two official members. Appointed members hold office for fixed periods.

The council meets at least once a week, in camera, and its proceedings remain confidential, although many of its decisions are made public. In theory, the function of the council is to advise the Governor, who is required by the Royal Instructions to consult it on all important matters of policy. Subject to certain procedures being followed, the Royal Instructions allow the Governor to act against the advice of the council and to refuse a member's request that a specific matter be put before the council. There is no instance in recent times of the Governor having done either of these things. In practice, policy is decided corporately. The Governor in Council - the Governor acting in consultation with the Executive Council – is Hong Kong's central and most important executive authority.

In addition to policy matters, the Governor in Council decides appeals, petitions and objections under those ordinances which confer a statutory right of appeal. The council also considers all principal legislation before it is introduced into the Legislative Council, and is responsible for making subsidiary legislation (regulations) under a number of ordinances. The council's advice on matters of policy involving the expenditure of public funds is subject to the approval of the necessary funds by the Finance Committee of the Legislative Council.

Legislative Council

=

The Legislative Council is constituted by virtue of the Letters Patent, and its primary function is the enactment of legislation, including legislation for the appropriation of public funds. A Bill passed by the Legislative Council does not become law until the Governor gives his assent to it; after the Governor's assent a Bill becomes an ordinance without being subject to external approval, although the Queen has reserve powers to disallow an ordinance. The power of disallowance has not been used for very many years.

The Legislative Council has a maximum membership of 57, comprising the Governor, who is the President; three ex-officio members, namely the Chief Secretary, the Financial Secretary and the Attorney General, seven official members, 22 appointed members and 24 elected members.

The official members and appointed members are appointed by the Governor with the approval of the Secretary of State. Official members normally remain appointed for as long as they hold office under the Crown in Hong Kong. Appointed members can be appointed for up to three years and may be re-appointed for further periods of not more than three years each.

Elected members are elected by nine functional constituencies and 12 electoral college constituencies comprising the members of the district boards, the Urban Council and the Regional Council.

Each functional constituency represents an occupational or professional group: commer- cial; industrial; financial; labour; social services; medical; teaching; legal; and engineering,