TNAG-0291-FCO40-327-Constitutional-development-of-Hong-Kong-1971 — Page 37

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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to the creation or abolition of any public office or to the salary or other con- ditions of service of any public officer), that any Bill introduced, or any motion proposed, in the Governing Council should have effect, then, if the Council fail to pass such Bill or to carry such motion within such time and in such form as the gh Commissioner thinks reasonable and expedient, the High Com- missio may, at any time that he thinks fit, and notwithstanding any provisions of this Order or of any rules of procedure 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 amendments as the High Commissioner thinks fit that have been moved or proposed in the Council, including any committee thereof; and the Bill or the motion shall be deemed thereupon to have been so passed or carried, and the provisions of this Order, 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 makes any such declaration and the reasons therefor. (3) If any member of the Governing Council objects to any declaration 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 declaration made under this section other than a declaration relating to a Bill may be revoked by a Secretary of State and the High Commissioner shall cause notice of such 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 the provisions of section 38(2) of the Interpretation Act 1889(a) shall apply to such revocation as they apply to the repeal of an Act of Parliament.

(5) The powers conferred on the High Commissioner by this section shall be exercised by him in his discretion.

Assent to Bills

35.-(1) A Bill passed by the Governing Council shall not become a law until either-

(a) the High Commissioner 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 High Commissioner has signified Her assent by proclamation published in the Gazette together with the law.

(2) When a Bill is presented to the High Commissioner 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 he reserves the Bill for the signification of Her Majesty's pleasure:

Provided that the High Commissioner shall reserve for the signification of Her Majesty's pleasure any Bill which determines or regulates the privileges, immunities or powers of the Governing Council or of its members unless he has been authorised by a Secretary of State to assent to it. -

(a) 1889 c. 63.

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