1
Supplementary to LegCo Question No. 1
in LegCo on 9.1.85
Mr. J.J. Swaine:- Sir, it appears from the Chief Secretary's
answer that subordinate legislation will in fact be used to
amend the substance of law including the nationality law.
Does Government agree that the procedure for subordinate
legislation affords less scope for publicity and debate and
that at the extreme end of the scale subordinate legislation
can be passed by the Executive and remain effective unless
disapproved by Parliament within a specified time which in
view of the importance of the intended legislation to Hong Kong
is the least satisfactory procedure?
The Chief Secretary:- Sir, I did not anticipate that subordinate
legislation would be involved in this particular exercise and
I do not necessarily agree with the view taken by Mr. Swaine on
the appropriateness of the subordinate legislation in the
particular instance.
Mr. J.J. Swaine:- Sir, may I direct the Chief Secretary's
attention respectfully to Sir Geoffrey Howe's statement where
he said that legislation would be brought forward to provide for
two things: for termination of sovereignty and to provide
powers to make other changes to the law. As I understand
Sir Geoffrey Howe's statement, the substance of law by way of
a bill will enable the Executive to pass subordinate legislation
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