CO129-486 - Public Offices - 1924 — Page 65

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

12

1924

HONG KONG

C.O.

12493

64

3. In remitting to the province the amount of provincial taxes allocated to it, the district shall have the right to retain a portion thereof, not exceeding 40 per cent. of the entire amount.

4. The Provincial Government shall have no right to dispose of the property and

self-government funds of the district.

5. In case of calamities, natural or otherwise, or on account of shortage of self-government funds, the district may apply to the Provincial Adminis trative Council for, and, with the approval of the Provincial Assembly," may receive, subsidies from the Provincial Treasury.

6. The district shall be under obligation to observe national laws and provincial

laws.

Art. 129. The division of provincial and district taxes shall be decided upon by the Provincial Assembly,

Art. 130. The province shall not enforce special laws in one or a few districts, but those concerning the common welfare of the province shall not be included in this restriction.

Art. 131. The district shall have full executive power in matters of self-govern- ment in the district; and the province shall not interfere except in matters relating to punishments provided by the provincial law.

Art. 132. National administrative affairs in the province or district, besides being executed by officials appointed by the national Government, may be executed by the provincial or district self-government administrative organs by delegation.

Art. 133. In the event of the provincial or district self-governing administrative organs, in the execution of national administrative affairs, violating the law, the national Government may impose punishment in accordance with the provisions of the law.

Art. 134. The provisions of this chapter shall apply to places where districts, but not provinces, have been created.

Art. 135. Inner and Outer Mongolia, Tibet, and Tsinghai may, in conformity with the common wish of the local inhabitants, be divided into two grades, the province and the district, to which the provisions of this chapter shall apply, but pending the creation of province and district their administrative system shall be prescribed by law.

Chapter XIII--Amendments to as well as Interpretation and Validity of the Constitution.

Art. 136. Parliament may introduce Bills for the amendment of the Constitution.

Unless such Bills be approved by upwards of two-thirds of the members of each House present, they shall not be adopted.

Unless it be endorsed by upwards of one-fourth of the total membership of his House, no member of either House shall propose an amendment to the Constitution,

Art 137. The amendment of the Constitution shall be undertaken by the Constitution Conference.

Art. 138. The form of government shall not be a subject for amendment. Art. 139. Ambiguities in regard to the meaning of the Constitution shall be interpreted by the Constitution Conference.

Art. 140. The Constitution Conference shall be composed of the entire member- ship of Parliament.

Unless there be a quorum of upwards of two-thirds of the total membership of Parliament no such aforementioned conference shall be held; and unless upwards of three-fourths of the members present vote in its favour no amendment shall be passed; but in the interpretation of any ambiguous point a decision may be reached with the approval of upwards of two-thirds of the members

present.

Art. 141. Except by amendments made in accordance with the provisions of this chapter, the Constitution shall never lose its validity, whatever change or development may come to pass.

50.

CIRCULATION :-

M

Vr.

Mr.

Asst. U.S. of S.

Perm U.S. of 8.

Par U.S. of S.

Secretary of State.

Previous Paper

90

57839/23

coures. for bouf- 15

20 MAR 1924

May 24 A/?

mythe 900 of

DATE

15 March

17 MAR 24

to member

Remuneration to Chief Jurice of H Kong

of Court of Appeal at Shanghai

Treas. is

to not prepared to sanction payt. of

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be made forthwith ords. maj

Asks whether such

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Abey. Fo. nifa, accordingly

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MINUTES

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Subsequent Paper

20627

30627

12811 19824/27 80,000 11/23-McC E258

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