ENG-1988 — Page 37

CONSTITUTION AND ADMINISTRATION

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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.

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In addition to policy matters, the Governor in Council decides appeals, petitions and objections under various ordinances which confer a statutory right of appeal to that body. The council also considers all principal legislation before it is introduced into the Legislative Council, and is responsible for making subsidiary legislation (regulations) under numerous 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 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, 20 appointed members and 26 elected members.

The official and appointed members are appointed by the Governor with the approval of the Secretary of State. Elected members are elected by nine functional constituencies and by an electoral college 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; labour; social services; medical and health care; finance and accountancy; teaching; legal; and engineering and associated professions. Of these, the commercial, industrial, finance and accountancy, labour and medical and health care functional constituencies elect two members each while the other four elect one member each.

For the electoral college, the 19 district boards are grouped into 10 geographical constituencies, each consisting of between one and four district boards, and representing roughly 500 000 people. The members of the Urban Council and the Regional Council form two additional constituencies.

Elections are normally held at three-year intervals. The Governor has power to dissolve the council; on dissolution all elected members vacate their seats and an election must be held within three months. A by-election is held should a casual vacancy arise.

The Legislative Council meets in public once a week, but takes a recess of about two months in August and September. Proceedings are bilingual; members may address the council in Chinese and English, and simultaneous interpretation is provided.

Legislation is enacted in the form of Bills, which go through three readings and a committee stage. Most business, including Bills, is transacted by way of motions, which are