CO129-431 - Governor Sir May - 1916 [1-2] — Page 516

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Article 35.-The Speaker and the Deputy Speaker of the Legislature shall be elected from and among the members by a majority of the votes cast. Article 36.-Members of the Legislature shall not be held responsible outside of the House for their speeches, debates or for votes cast in the House.

Article 37.-Except when discovered in the commission of a crime, or when involved in crimes connected with internal or external troubles, no member of the Legislature shall be arrested during the session without the permission of the House.

Article 38.-The Legislature shall prescribe its own rules.

CHAPTER 5.—THE ADMINISTRATION.

Article 39.-The President is the chief of the Administration and shall be assisted by one Secretary of State.

Article 40.-The affairs of Administration shall be separately con- ducted by the Departments of Foreign Affairs, Interior, Finance, War, the Navy, Justice, Education, Agriculture and Commerce and of Communications.

Article 41.--The Heads of the Departments shall manage the Adminis- tration of their respective Departments in accordance with laws and ordinances.

Article 42.-The Secretary of State, the Heads of the Departments, and Special Delegates, representing the President, shall be entitled to sit and speak in the Legislature.

Article 43.-The Secretary of State and the Heads of the Departments may be impeached by the Board of Censors and judged by the Ping Cheng Yuen should they violate the law.

CHAPTER 6-THE COURTS OF LAW.

Article 44.-The Courts of Law shall be composed of the law officers appointed by the President.

The organization of the Courts of Law and the qualifications of the law officers shall be determined by statute.

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Article 45.-The Courts of Law, in accordance with the provisions of the statutes, shall try and judge independently, all civil and criminal cases. But administrative law proceedings and other special law proceedings, shall be tried and judged according to the law governing the same.

Article 46. The procedure of impeachment cases in the Supreme Court of Justice, as provided for under clause 9 of Article 31, shall be determined separately by statute.

Article 47-In the Courts of Law trials shall be conducted and judgment shall be rendered publicly. When, however, it is considered that publicity may be prejudicial to peace and order, or to public morality, secrecy may be observed.

Article 48.-During his term of office no law officer shall be reduced in salary, nor be transferred to another office, nor shall he be deprived of his office, except as a consequence of punishment according to statute, or of disciplinary measures entailing dismissal.

Regulations governing the discipline of law officers shall be determined by statute.

CHAPTER 7-THE COUNCIL OF STATE.

Article 49. The Council of State, when consulted by the President, shall deliberate upon important matters of state.

The organization of the Council of State shall be determined by the Constitutional Compact Conference.

CHAPTER 8.-FINANCE.

Article 50.—The imposition of new taxes and the modification of the rates of the existing taxes shall be made by statute. The taxes levied at present shall, unless changed by statute, be collected as in the past.

Article 51.-The annual receipts and expenditures of the state shall be dealt with every year in accordance with the provisions of the estimates passed by the Legislature.

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