TNAG-1280-FCO40-1631-Public-Service-in-Hong-Kong-devolution-of-Secretary-of-State-1983 — Page 6

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(2) Any salaries, allowances or other sums prescribed under the subsection (1) of this section are hereby charged on, and shall be paid out of, the Consolidated Fund.

(3) Subject to the provisions of subsection (4) of this section, the power to make appointments to the offices for the time being pre- scribed under subsection (1) of this section as being offices constitu- ting the personal staff of the Governor, and to remove and to exercise disciplinary control over persons holding or acting in such offices. shall vest in the Governor, acting in his discretion.

(4) The Governor, acting in his discretion, may appoint to any of the offices prescribed under subsection (1) of this section such public officer as he may select from a list submitted by the Public Service Commission, but--

(a) the provisions of subsection (3) of this section shall apply in relation to any officer so appointed as respects his service on the personal staff of the Governor but not as respects his service as a public officer;

(b) an officer so appointed shall not, during his continuance on the personal staff of the Governor, perform the functions of any public office; and

(c) an officer so appointed may at any time be appointed by the Governor, acting in his discretion, if the Public Service Commis- sion so requests, to assume or resume the functions of a public office and shall thereupon vacate his office on the prsonal staff of the Governor, but the Governor may, acting in his discretion. decline to release the officer for that appointment.

(5) A offices prescribed under subsection (1) of this section as offices that are to constitute the personal staff of the Governor shall be deemed to be public offices for the purposes of sections 97, 102, 104, 111/112 and 113 of this Constitution.

23. (1) In the exercise of his functions the Governor shall, subject Exercise of to the provisions of this section, obtain and act in accordance with Gwenor's

functions. the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet.

(2) Subsection (1) of this section shall not apply to the exercise by the Governor of---

(a) any function relating to any of the matters for which he is

responsible under section 72 or 73(1) of this Constitution;

(b) any function conferred upon him by this Constitution which is expressed to be exercisable by him in his discretion, or on or in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority other than the Cabinet; or

(c) any function conferred upon him by any other law which is expressed to be exercisable by him in his discretion or which he is otherwise authorised by such law to exercise without obtain- ing the advice of the Cabinet.

(3) Where the Governor is by this Constitution or any other law directed to exercise any function on the recommendation of any person or authority, he shall (subject, in the case of any recommendation 25

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