TNAG-1441-FCO40-1925-Constitutional-development-in-Hong-Kong-1987 — Page 100

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large number of public representations are received and

detailed discussion with the Administration has to take place, a reasonable extension of time would be necessary.

To give the Legislative Council a greater degree of flexibility, the Ad Hoc Group recommends that a provision be made to enable an extension, if necessary, of the period during which amendments may be made. Nevertheless, conscious of the need to confine the extension to a reasonable period, the Group has agreed to a maximum of 21 days. This period, in addition to the 28 days already provided for, should be sufficient for proper consideration to be given to even complex or

controversial items.

On the other hand, the Ad Hoc Group has identified a difficulty at the other extreme. Section 34 of the Ordinance effectively prevents the Legislative Council from amending subsidiary legislation until the first sitting held not less than 27 days after it is tabled. Given the fact that subsidiary legislation which is subject to Legislative Council supervision under Section 34 may come into immediate legal effect once it is published in the Gazette, this has led to the undesirable possibility for subsidiary legislation to have taken effect and achieved its object before the Legislative Council can exercise its powers to intervene. The Census and Statistics Ordinance, Census and Statistics (1986 Population Census) (Marine) Order 1986 was gazetted on 24th January 1986 authorizing the census to take place between 4th to 8th February 1986. However, under S. 34 (2) of Cap.1, this Council could only move an amendment, if required, on 26th February i.e. 18 days after the census had been completed. To prevent this from happening, the Group proposes that the Legislative Council be provided with the powers to amend subsidiary legislation at any time within the period stipulated under Section 34. This should give adequate flexibility for the efficient supervision of subsidiary legislation by the Legislative Council.