TNAG-1351-FCO40-1792-Constitutional-development-in-Hong-Kong-1985 — Page 44

S.I. 1976/1156

(b) if, when the question whether the declaration should be made is submitted to it as aforesaid, the Executive Council does not, within such time as the Governor thinks reasonable and expedient, advise him that the declaration should be made, then-

(i) the Governor may submit the said question to a Secretary of State and may make the declaration if, upon the question being so submitted to him, a Secretary of State authorises the Governor to make the declaration; or

(ii) the Governor may make the declaration without submitting the said question to a Secretary of State if, in the Governor's opinion, urgent necessity requires that the declaration be made without obtaining the authority of a Secretary of State; in which case he shall, at the time of making the declaration, certify in writing that urgent necessity requires that the declaration be made without obtaining such authority.

(3) (a) Whenever the Governor, in accordance with the provisions of subsection 2(b) of this section, submits to a Secretary of State the question whether a declaration should be made, or makes a declaration without submitting the said 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 in accordance with the provisions of sub-paragraph (ii) of subsection (2)(b) of this section, the grounds of urgency.

(4) If any member of the Executive Council so desires, he may, within thirty days of the date of the making of a declaration under this section, submit to the Governor a statement in writing of his comments on the making of such declaration, and the Governor shall forward such statement, or a copy thereof, as soon as practicable 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 such revocation to be published in the Gazette and from the date of such publication any motion which has effect by virtue of the declaration shall cease to have effect, and section 38(2) of the Inter- pretation Act 1889(a) shall apply to the revocation as it applies to the repeal of an Act of Parliament.

(6) This section applies to any motion-

(a) relating to or for the purposes of a bill;

(b) proposing or amending a resolution which, if passed by the

Legislative Council would have the force of law; or

(c) proposing or amending a resolution upon which the coming into force or continuance in force of any subsidiary instrument depends. (7) The powers conferred upon the Governor by subsections (1) and

(2) of this section shall be exercised by him in his discretion.

44. 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

3183

Assent to bills.

(a) 1889 c. 63.