28.—(1) Subject to the provisions of this section, the Governor may appoint a Leader of the Opposition.
(2) The Governor shall appoint as the Leader of the Opposition—
(a)the member of the Legislative Council who, in the judgment of the Governor, is the leader of any opposition party whose numerical strength in the Council is greater than that of any other opposition party; or
(b)if there is no such party, the member of the Legislative Council who in the judgment of the Governor is best able to command the support of the members of the Council in opposition to the Government.
(3) If at any time between the polling in a general election and the next following dissolution of the Legislative Council the Governor is satisfied that, if the office of the Leader of the Opposition were then vacant, he would appoint thereto a person other than the person then holding that office, the Governor shall revoke the appointment of the Leader of the Opposition.
(4) The office of the Leader of the Opposition shall also become vacant—
(a)if for any reason other than a dissolution of the Legislative Council the holder thereof ceases to be a member of the Council; or
(b)if the holder thereof is appointed as the Chief Minister.
(5) In this section, “opposition party” means a group of members of the Legislative Council in opposition to the Government who are prepared to support one of their number as their leader.
(6) In the exercise of his functions under this section the Governor shall act in his discretion.