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Recites
February, 1917, and Additional Instruc-
ADDITIONAL INSTRUCTIONS to Our Governor and Commander- in-Chief in and over Our Colony of Hong Kong and its Dependencies, or other Officer for the time being adminis- tering the Government of Our said Colony and its Dependencies.
WHEREAS by certain Instructions under the Royal Sign Instructions Manual and Signet to the Governor and Commander-in-Chief of 14th
(therein and hereinafter called the Governor) of Our Colony of Hong Kong and its Dependencies (therein and hereinafter called the Colony), bearing date the Fourteenth day of February, 1917, as amended by Additional Instructions bearing date the Tenth day of January, 1922, the Fifteenth day of November, 1928, and the Twentieth day of November, 1929, provision is made, amongst other things, for the constitution of the Executive and Legislative Councils of the Colony and the appointment and suspension of officers:
tions.
Revokes Additional Instructions and replaces Clauses II, V, XIII,
and
AND WHEREAS We are minded to make other provision in re- gards to the matters aforesaid:
NOW, THEREFORE, We do, by these Our Additional Instruc- tions under Our Sign Manual and Signet, as from a date to be fixed by the Governor by notification in the Hong Kong Government Gazette, revoke, without prejudice to any appoint- ment lawfully made, or to anything lawfully done, thereunder, XIV, XVI, the Additional Instructions of the Tenth day of January, 1922. XVIII, XX, the Fifteenth day of November, 1928, and the Twentieth day of November, 1929, and Clauses Five, Eighteen, Thirty-two and and revokes Thirty-three of the Instructions of the Fourteenth day of February, 1917, and We do hereby direct and enjoin and declare Our will and pleasure that from the date so fixed the of Instruc- said Instructions of the Fourteenth day of February, 1917 tions of 14th shall be construed as if the following Clauses had been inserted therein instead of the Second, Fifth, Thirteenth, Fourteenth, Sixteenth, Eighteenth, Twentieth and Thirty-second Clauses thereof:-
XXXII,
Clause
XXXIII,
February,
1917.
Constitu- tion of Executive Council.
II. The Executive Council of the Colony shall consist of the Senior Military Officer for the time being in command of Our regular troops within the Colony, the persons for the time being lawfully discharging the functions of Colonial Secretary, of Attorney-General, of Secretary for Chinese Affairs, and of Financial Secretary of the Colony, who are hereinafter referred to as ex officio Members, and of such other persons as We may from time to time appoint by any Instructions or Warrant under Our Sign Manual and Signet, or as the Governor in pur- suance of Instructions from Us through one of Our Principal Secretaries of State may from time to time appoint by an Instru- ment under the Public Seal of the Colony. Persons so appointed
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are hereinafter referred to as Official Members or Unofficial Members according as they hold, or do not hold, office under the Crown in the Colony at the time of appointment.
Every Unofficial Member shall vacate his seat at the end of Vacation of five years from the date of the Instrument by which he is seats. appointed or of such other period as may be specified in that Instrument, but shall be eligible to be re-appointed in the manner aforesaid for a further period or periods, each period not exceeding five years:
Provided that if any such Member is provisionally appointed to fill a vacant seat in the Council and his provisional appoint- ment is immediately followed by his definitive appointment, the said period of five years shall be reckoned from the date of the Instrument provisionally appointing him.
If any Official Member cease to hold office under the Crown in the Colony his seat in the Council shall thereupon become
vacant.
V. The Members of the Executive Council shall have seniority Precedence. and precedence as We may specially assign, and in default thereof, first the ex officio Members in the order in which their offices are above-mentioned, (except that the Senior Military Officer if below the rank of Lieutenant-Colonel in Our Army, shall take precedence after the person lawfully discharging the functions of Attorney-General); then the Official Members, according to the priority of their respective appointments, or if appointed by the same Instrument, according to the order in which they are named therein; then the Unofficial Members, according to the like priority, except that any Unofficial Mem- ber re-appointed immediately on the termination of his term of Office shall, as between himself and other Unofficial Members, take precedence according to the date from which he has been continuously a Member of the Council.
Legislative
XIII. The Legislative Council of the Colony shall consist of Constitu- the Governor, the Senior Military Officer for the time being in tion of Command of Our regular troops within the Colony, the persons Council. for the time being lawfully discharging the functions of Colonial Secretary, Attorney-General, Secretary for Chinese Affairs, and Financial Secretary of the Colony, and such other persons hold- ing office under the Crown in the Colony, and not exceeding four in number at any one time, as We may from time to time appoint by any Instructions or Warrants under Our Sign Manual and Signet, or as the Governor, in pursuance of Instructions from Us through one of Our Principal Secretaries of State, may from time to time appoint by an Instrument under the Public Seal of the Colony, and all such persons shall be styled Official Official Members of the Legislative Council; and further of such
persons,
not exceeding eight in number at any one time, as the Governor,
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B
Members.
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