ENG-1995 — Page 29

CONSTITUTION AND ADMINISTRATION

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At the central level of the three-tier system of representative government, the Legislative Council legislates, controls public expenditure and monitors the perform- ance of the Administration. At the regional level, the two municipal councils provide public health, cultural and recreational services in their respective regions. At the district level, 18 district boards offer advice on the implementation of policies in their districts and provide an effective forum for public consultation.

Under the terms of the Sino-British Joint Declaration on the Question of Hong Kong, which was ratified on May 27, 1985, Hong Kong will become a Special Administrative Region of the People's Republic of China with effect from July 1, 1997.

Constitution

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The Letters Patent establish the basic framework of the administration of Hong Kong. They, together with the Royal Instructions, 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 Council, the Governor's powers in respect of legislation, the 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 Council, the nature of proceedings in the Executive Council, the Governor's respon- sibility to consult the Executive Council on important policy matters, and his right to act against its advice (a right exercised only once, in 1946). They also deal with the membership of, and election to, the Legislative Council, the nature of pro- ceedings there, and the nature of legislation which may not be passed.

Various well-established practices determine the way in which these constitu- tional arrangements are applied. Hong Kong is governed by consent and through consultation with the community. 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 Right Honourable Christopher Patten, assumed office on July 9, 1992, and is the 28th incumbent.