TNAG-1351-FCO40-1792-Constitutional-development-in-Hong-Kong-1985 — Page 39

ited Members, the appointment as a

of this section to umber of persons a, so long as his Order shall, subject if he were an ex-

of this section to number of persons en, so long as his

ts and purposes a of this section, the have effect accord-

porary appointment Secretary of State hing done by virtue t under the Public

ction shall cease to erson appointed of he appointment by cancy, or when the

ings of the Council, may from time to ember so appointed ent who stands first

: Council shall take pecially assign, and

which their offices

Elected Members, ch they have been abers appointed or amongst themselves

d to the Council as eemed to have been h the report of the or election is made

person has continu- o account shall be ion by that person e of the expiration

Gibraltar (Legislative Council)

19591533

of his tenure of office or a dissolution of the Council and the date of his re-appointment or re-election to fill a vacancy in the Council caused by that expiration of tenure or that dissolution.

Vacancies.

16. (1) Whenever the seat of a Nominated Member becomes vacant, Filling of the vacancy shall be filled by appointment by the Governor in accordance with the provisions of this Order.

(2) Whenever the seat of an Elected Member becomes vacant, a fresh election shall be held to fill the vacancy in accordance with the provisions of this Order.

PART III

Legislation and Procedure of Legislature

17. Subject to the provisions of this Order, it shall be lawful for the Governor, with the advice and consent of the Council, to make laws for the peace, order and good government of Gibraltar.

Power to make law.

18. Subject to the provisions of this Order and of the Standing Rules Introduction and Orders of the Council, any Member may introduce any Bill or

of Bills, etc. propose any motion for debate in, or may present any petition to, the Council, and the same shall be debated and disposed of according to the Standing Rules and Orders:

Provided that, except with the recommendation or consent of the Governor signified thereto, the Council shall not proceed upon any Bill, amendment, motion or petition which, in the opinion of the Governor or other Presiding Member, would—

(a) dispose of or charge any public revenue or public funds of Gibraltar or revoke or alter any disposition thereof or charge thereon, or impose, alter or repeal any rate, tax or duty;

(b) suspend the Standing Rules and Orders of the Council or any

of them.

19. (1) All questions proposed for decision in the Council shall be Voting. determined by a majority of the votes of the Members present and voting.

(2) The Governor shall not have an original vote, but if upon any question the votes shall be equally divided, he shall have a casting vote. (3) In the absence of the Governor, the Presiding Member shall have an original vote and, if upon any question the votes shall be equally divided, shall also have a casting vote.

20. (1) The Council shall not be disqualified for the transaction of Vacancies

and Quorum. business by reason of any vacancy among the Members; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in the Council or otherwise took part in the proceedings.

(2) No business except that of adjournment shall be transacted if objection is taken by any Member present that there are less than four Members present besides the Governor or other Presiding Member.

21.-(1) If the Governor shall consider that it is expedient in the Governor's interests of public order, public faith or good government (which reserved expressions shall, without prejudice to their generality, include the

power.