TNAG-1280-FCO40-1631-Public-Service-in-Hong-Kong-devolution-of-Secretary-of-State-1983 — Page 7

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Powers to dispose of land,

Powers to constitute offices and make appoint- ments, etc.

referred to in section 101(1) of this Constitution. to the provisions of that section) exercise that function in accordance with such re, ommendation:

Provided that --

(a) before he acts in accordance therewith, he may, acting in his discretion, once refer that recommendation back for reconsidera- tion by the person or authority concerned; and

(b) if that person or authority, having reconsidered the original recommendation under the preceding paragraph, substitutes there- for a different recommendation, the provisions of this subsection shall apply to that different recommendation as they apply to the original recommendation.

(4) Where the Governor is by this Constitution or any other law directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.

(5) Where the Governor has obtained the advice of the Cabinet or a Minister on any matter in pursuance of subsection (1) of this section. he may act otherwise than in accordance with that advice if in his judgment it is necessary or expedient so to act for the purposes of any matter for which he is responsible under section 72 or 73(1) of his Constitution.

(6) Where any function is vested by any law other than this Con- stitution in any person or authority other than the Governor (not being a court of law). the Governor may exercise that function in such circumstances and to such extent as he may consider necessary or expedient for the purposes of any matter for which he is responsible as aforesaid.

(7) Where any function conferred upon the Governor by this Con- stitution or any other law is expressed to be exercisable by him in his discretion, he shall exercise that function according to his own deliberate judgment.

(8) Where the Governor is by this Constitution or any other law directed to exercise any function in his discretion or on or in accord- ance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be inquired into in any court of law.

24. Subject to the provisions of this Constitution and any law for the time being in force in the Bahama Islands, the Governor, in Her Majesty's name and on Her Majesty's behalf, may, under the Public Seal, make grants and dispositions of any lands or other immovable property in the Bahama Islands or any interests in such property that are vested in Her Majesty or the Governor on behalf of Her Majesty as the property of the Crown for the beneficial interest of the said Islands and may exercise in relation to such property or interests any other powers that are lawfully exercisable by Her Majesty.

25. Subject to the provisions of Part VI of this Constitution and of any other law for the time being in force in the Bahama Islands, the Governor, in Her Majesty's name and on Her Majesty's behalf, may--- (a) constitute offices for the Bahama Islands and make appoint- ments, to be held during Her Majesty's pleasure, thereto; and

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