ENG-1992 — Page 26

CONSTITUTION AND ADMINISTRATION

consultation with the community. For instance, although from the constitutional instruments described above Her Majesty's Government would appear to have substantial control over the way in which Hong Kong is run, in practice the territory largely controls its own affairs and determines its own policies. Similarly, the Governor, by convention, rarely exercises the full extent of his powers.

Role of the Governor

The Governor is appointed by the Queen and derives his authority from the Letters Patent. He has ultimate direction of the administration of Hong Kong and is also the titular Commander-in-Chief of the British Forces stationed in Hong Kong. He makes policy decisions on the advice of the Executive Council, and makes laws by and with the consent of the Legislative Council. As head of the government he presides at meetings of the Executive Council. The present Governor, the Rt Hon Christopher Patten, assumed office on July 9, 1992, and is the 28th incumbent.

Central Government

Executive Council

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The Executive Council comprises four ex-officio members the Chief Secretary, the Commander British Forces, the Financial Secretary and the Attorney General – together -with 12 other members including three members who are officials and appointed by the Governor with the approval of the Secretary of State. The council normally meets once a week, and its proceedings are confidential although many of its decisions are made public. (With effect from February 19, 1993 the Commander British Forces ceased to be an ex-officio member of the Executive Council).

The Governor is required by the Royal Instructions to consult the council on all important matters of policy. The Governor in Council the Governor acting after consulting the Executive Council – is Hong Kong's central and highest executive authority on policy matters. In practice, decisions are arrived at by consensus rather than by division. Members tender their advice on individual capacity, and the council is collectively responsible for the decisions made by the Governor in Council. Individual non-official members do not hold personal responsibility for given subjects or portfolios. This is a matter for the government.

In addition to policy matters, the Governor in Council determines 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

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Starting from the session of the Legislative Council which began on October 9, 1991, the council has an elected majority. It consists of 60 members three ex-officio members, namely the Chief Secretary, the Financial Secretary and the Attorney General; 18 appointed members, (including one appointed as the Deputy President of the council;) and 39 elected members. The appointed members are appointed by the Governor with the