TNAG-1844-FCO40-2619-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 46

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TRANSCRIPT C HONG KONG SELECT COMMITTEE MEETING

22 MAR 89

FOREIGN GRCRETARY (CCNT):

The Chief Executive can only delay a Bill for 3 months and dissolve the Legislature if that does not stop it, whereas the Governor, under the present constitution, has no such legal restrictions on his power of refusing consent or dissolution.

if

So you will see, if you look at Articles 43, it is actually

49 is the one, 48 sets out the powers of the Chief Executive

you look at 49, if the Chief Executive considers that a Bill passed by the Legislature is not compatible with the overall interest of the SAR, be may return it to the Legislative within 3

montbe for reconsideration.

If LBGCO pass the Bill again by no less than a two-third

majority, the Chief Executive must sign and promulgate it within

act in accordance

18 50. Article 50

LUC

LT

ADUJALLA

provides for dissolution of the Legislative Council and then if it

comes back again its power is revived.

So there is a much ore complex balance of powers between

the Chief Executive and the Legislative Council there than there

is in the present cituation.

QUESTION.

Yes. I understand that the Governor has only once, in 1946,

refused to assent to a Bill passed by the Legislative Council and

that the Power of Disallowance has not been exercised since 1914.