THE Governor has the right to overturn Urban Council decisions on matters of public interest, despite his claims to the contrary.
Referring to China's anger over a Taiwanese group being given permission to use an Urban Council venue to celebrate the October 10 National Day, Mr Patten said on Wednesday: 'Under what law could the Urban Council or the Government intervene and overturn the decision? 'I think it's important that everyone, including spokesmen for the the New China News Agency [Xinhua], recognises that with the rule of law, the Governor, the Government, the Urban Council - the NCNA - are subject to the law.' But, under Section 45 of the Urban Council Ordinance, 'the Governor may, after consultation with the council, give the council directions of a general character as to the discharge by the council of its functions in relation to matters appearing to the Governor to affect the public interest, and the council shall give effect to such directions'.
Also, he can, after consulting the council, 'give it specific directions for the purpose of remedying any failure of the council in discharging any obligation or in fulfilling any function stipulated by the law'.
On Tuesday, the council upheld a decision to rent the music room of the Cultural Centre to the pro-Taiwan Chinese Culture Association for the Double Tenth celebration, prompting charges that the Government was violating the 'one China' principle.
Urban Council member Frederick Fung Kin-kee said there was precedent for the central Government intervening in Urban Council affairs on political grounds.
A member of the Culture Select Committee since 1983, Mr Fung said Taiwanese films had been barred from the Hong Kong International Film Festival before 1985.
The ban was relaxed only after the political adviser had consulted Xinhua.