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CONSTITUTION AND ADMINISTRATION

HONG KONG is administered by the Hong Kong Government, which is headed by the Governor. He is the representative of the Queen in Hong Kong. Under the terms of the Joint Declaration of the British and Chinese Governments on the Question of Hong Kong which entered into force on May 27, 1985, Hong Kong will become, with effect from July 1, 1997, a Special Administrative Region of the People's Republic of China.

Hong Kong operates a three-tier system of representative government. At the central level is the Legislative Council. There are two municipal councils: the Urban Council and the Regional Council, at the regional level. In addition, there are 19 District Boards at the district level which cover the whole territory.

There are direct elections on the basis of universal franchise at all the three tiers of representative government: two-thirds of District Board members, 38 per cent of Urban Council members, 33 per cent of Regional Council members, and 30 per cent of Legislative Council members, are returned through direct elections.

Constitution

The Letters Patent establish the basic framework of the administration of Hong Kong and, together with the Royal Instructions passed under the Royal Sign Manual and Signet which lay down procedures that must be followed, form the written constitution of Hong Kong.

The Letters Patent create the office of Governor and Commander-in-Chief of Hong Kong and require him to observe laws and the instructions given to him by the Queen or the Secretary of State. They also deal with the constitution of the Executive and Legislative Councils, the Governor's powers in respect of legislation, disposal of land, the appointment of judges and public officers, pardons, and the tenure of office of Supreme Court and District Court judges.

The Royal Instructions deal with the appointment of members of the Executive and Legislative Councils, the nature of proceedings in the Executive Council, the Governor's responsibility to consult the Executive Council on important policy matters, and his right to act against its advice (a right only exercised once in 1946). They also deal with the membership of, and election to, the Legislative Council, the nature of proceedings there, and the nature of legislation which may not be passed.

There are various well-established practices which determine the way in which these constitutional arrangements are applied. Hong Kong is governed by consent and through

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