TNAG-0291-FCO40-327-Constitutional-development-of-Hong-Kong-1971 — Page 25

The Aden (Constitution) Order in Council 1962

Section 53

Eproceed-upon any motion (including any amendment-to-a- motion) the effect of which, in the opinion of the person presiding in the Council or of the Attorney-General, is that provision should be made for any of the purposes aforesaid; or

(c) receive any petition which, in the opinion of the person presiding in the Council or of the Attorney-General, requests that provision be made for any of the purposes aforesaid.

(3) The High Commissioner,

his discretion, may

(a) send by message to the Speaker the draft of any Bill or motion which he considers should be introduced or proposed in the Legislative Council; and

(b) in the same or a later message require that the Bill or motion shall be introduced or proposed not later than a date specified in the message ;

and if that requirement is not complied with, the Bill or motion shall be deemed for all purposes to have been introduced or proposed in the „Council-en-the-date su specified.

reserved

53.-(1) If the High Commissioner shall consider that it is expedient High Com- in the interests of public order, public faith or good government missioner's (which expressions shall, without prejudice to their generality, include powers. the responsibility of Aden as a territory within the Commonwealth, and all matters pertaining to the creation or abolition of any public office or to the appointment, salary or other conditions of service of any public officer) that any Bill introduced or any motion proposed in the Legislative Council should have effect, then, if the Council fail to pass such Bill or to carry the motion within such time and in such form as the High Commissioner may think reasonable and expedient, the High Commissioner at any time that he thinks fit may, notwith- standing any provisions of this Constitution or of any rules or orders of the Council, declare that such Bill or motion shall have effect as if it had been passed or carried by the Council, either in the form in which it was so introduced or proposed or with such amend- ments as the High Commissioner shall think fit which have been moved or proposed in the Council or in any committee thereof; and the Bill or motion shall be deemed thereupon to have been so passed or carried, and the provisions of this Constitution, and in particular the provisions relating to assent to Bills and disallowance of laws, shall have effect accordingly,

(2) The High Commissioner shall forthwith report to a Secretary of State every case in which he shall make any such declaration as is mentioned in subsection (1) of this section and the reason therefor.

(3) If any member of the Legislative Council objects to any declara- tion made under this section, he may, within seven days of the making thereof, submit to the High Commissioner a statement in writing of his reasons for so objecting; and a copy of such statement shall, if furnished by such member, be forwarded by the High Commissioner as soon as practicable to a Secretary of State.

(4) Any such declaration, other than a declaration relating to a Bill, may be revoked by a Secretary of State, and the High Commissioner shall notify such revocation in the Gazette; and from the date of such notification any motion which shall have had effect by virtue of

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