CO129-581-15 Promissory Oaths Amendment Ordinance 1939 17-4-1939 - 24-11-1939 — Page 23

Enclosure No.2

23

CBJECTS AND REASONS.

1. Sections 7(2) and 8 of the Promissory Oaths

Ordinance, 1869, require that the oaths of members of

the Executive and Legislative Council respectively shall

be tendered by the Governor.

2. The expression "Governor" includes the officer administering the Government in local enactments under

section 39A(1) of the Interpretation Ordinance, No. 31

of 1911, and also under Article XIX of the Letters Patent

of the 14th February, 1917, and under Article XXXVII

of the Royal Instructions of the same date.

3.

By Article VIII of the said Instructions the

Governor presides at all meetings of the Executive Council,

unless when prevented by illness or other grave cause,

and in his absence such Member as the Governor may appoint,

or in the absence of such Member the senior Member of the

Council actually present, shall preside.

4. By Article XXI of the said Instructions the

Governor presides in the Legislative Council unless

prevented by illness or other grave cause; and in his

absence any Member appointed by him in writing shall preside, or in default of such Member, the Member who is

first in precedence of those present shall preside.

5. Although the Promissory Oaths Ordinance, 1869,

does not require that the oaths of Members of the Executive

and Legislative Councils shall be taken at a meeting of

the relevant Council, and although by section 11 of the

Ordinance he may enter upon his office and remain the rein

until the required oaths are duly tendered, it seems manifestly desirable that he should take the oaths at

the first meeting of the Council which he attends.