TNAG-0291-FCO40-327-Constitutional-development-of-Hong-Kong-1971 — Page 31

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Assent to Bills.

can obtain the authority of a Secretary of State; in which case he shall, when he makes the declaration, so certify in writing..

(3) (a) Whenever the Governor, in accordance with the provisions of the last foregoing subsection, submits to a Secretary of State the question whether a declaration should be made, or makes a declara- tion without submitting the question to a Secretary of State, he shall inform the Executive Council in writing of his reasons for so doing. (b) Whenever the Governor makes a declaration under this section, other than a declaration made with the authority of a Secretary of State, he shall forthwith report to a Secretary of State the making of, and the reasons for, the declaration and, in the case of a declaration made under sub-paragraph (ii) of paragraph (b) of the last foregoing subsection, the grounds of urgency.

(4) If any member of the House objects to any declaration made under this section, he may, within seven days of the making thereof, submit to the Governor a statement in writing of his reasons for so objecting and, if he furnishes a copy of that statement, and requests the Governor to do so, the Governor shall, as soon as practicable, forward the copy to a Secretary of State.

(5) Any declaration made under this section that relates to a motion may be revoked by a Secretary of State, and the Governor shall cause notice of the revocation to be published in the Gazette; and from the date of such publication any motion that is deemed to have been carried by virtue of the declaration shall cease to have effect and subsection (2) of section 38 of the Interpretation Act, 1889, shall apply to the revocation as it applies to the repeal of an Act of Parliament.

(50. (1) A Bill shall not become a law until-

(a) the Governor has assented to it in Her Majesty's name and on Her Majesty's behalf and has signed it in token of his assent; or (b) Her Majesty has given Her assent to it through a Secretary of State and the Governor has signified Her assent by proclamation published in the Gazette.

(2) When a Bill is presented to the Governor for his assent, he shall, in his discretion, but subject to the provisions of this Order and of any Instructions given under Her Majesty's Sign Manual and Signet or through a Secretary of State, declare that he assents, or refuses to assent, to it, or that be reserves the Bill for the signification of Her Majesty's pleasure:

Provided that the Governor shall reserve for the signification of Her Majesty's pleasure

(a) any Bill by which any provision of this Order is amended, revoked or replaced or which appears to the Governor, in his discretion, to be in any way repugnant to, or inconsistent with, the provisions of this Order; and

(b) any Bill which determines or regulates the privileges, immunities

or powers of the House or of its members;

unless he has been authorized.

-Secretary of State to asteni

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