由此 -9- A B C D F G H I J K L under a statutory duty, to be discharged in good faith, to actively keep under consideration whether or not an appropriate time has come to bring the IOC Ordinance into operation. That duty cannot be abrogated. B …… D 96. In the final analysis, it seems to me that, if the Chief Executive was to advocate his position as to the discharge of his statutory duty under s.1(2) of the IOC Ordinance, he would be able to do so accurately (in fact and law) as follows : ‘After an in-depth review, taking into account such matters as the changing technology of communications and the rise of global terrorism, I have come to the conclusion that the scheme contained in the Ordinance, which the Administration has always opposed as being unworkable, has, against the moving landscape of recent history, shown itself very definitely to be so. That being the case, I have now returned to the Legislative Council seeking to be relieved of the statutory duty imposed upon me in terms of s.1(2) of the Ordinance by asking for a repeal of the Ordinance and its replacement by a new statutory regime. But these matters will, of course, be for the Legislative Council to determine.’” E 24. A The 1st applicant submitted that Article 48(3) of the Basic Law (“Article 48(3)”) requires the Chief Executive to sign the IOC Ordinance C E F G H I J K L into law. Article 48(3) provides: M M “Article 48 N The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions: O …… (3) P Q R 25. N O To sign bills passed by the Legislative Council and to promulgate laws;” P Article 48(3) does not assist in the interpretation of section 1(2) Q of the IOC Ordinance, which gives the Chief Executive the discretion to R determine when a law should become operative. The Legislative Council S could have provided for the time within which the legislation must become S T T U U V V