ENG-1990 — Page 38

CONSTITUTION AND ADMINISTRATION

The Executive Council plays a role somewhat similar to that fulfilled by the cabinet in a Westminster-style system. The council normally meets once a week, in camera, and its proceedings are confidential although many of its decisions are made public. The Governor is required by the Royal Instructions to consult the council 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. However, there is no instance in recent times of the Governor having done this. In practice, decisions are arrived at by consensus rather than by division. The depth of experience and the range of community interests represented by council members means that they are able to subject government policy to a rigorous examination before implementation. In this way potential problems can be identified and ironed-out, and legislation to enact policy tailored to reflect public aspirations and concerns before introduction to the legislature. The Governor in Council, that is 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 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. 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: commercial; 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 one to four district boards. The members of the Urban Council and the Regional Council form two additional constituencies.