CO129-535-4 N.I. Brewer- petition for pardon 28-5-1931 - 24-10-1931 — Page 35

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

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The Governor shall forthwith cause such report to be considered by the Council, and shall cause to be recorded on the Minutes whether the Council or the majority thereof does or does not assent to the suspension; and if the Governor thereupon proceed to such suspension, he shall transmit the report of the Committee and the evidence taken by it, together with the Minutes of the proceedings of the Council, to Us through one of Our Principal Secretaries of State by the earliest opportunity. But if in any case the interests of Our service shall appear to the Governor to demand that a person shall cease to exercise the powers and functions of his office instantly, or before there shall be time to take the proceedings herein before directed, he shall then interdict such person from the exercise of the powers and functions of his

office.

XXXIV. Whenever any offender shall have been condemned by the sentence of any Court in the Colony to suffer death, the Governor shall call upon the Judge who presided at the trial to make to him อ written report of the case of such offender, and shall cause such report to be taken into consideration at the first meeting of the Executive Council which may be conveniently held thereafter, and he may cause the said Judge to be specially sum- moned to attend at such meeting and to pro- duce his notes thereat. The Governor shall not pardon or reprieve any such offender unless it shall appear to him expedient so to do, upon receiving the advice of the Executive Council thereon; but in all such cases he is to

decide either to extend or to withhold a pardon or reprieve, according to his own deliberate judg- ment, whether the Members of the Executive Council concur therein or otherwise, entering, nevertheless, on the Minutes of the Executive

Council a Minute of his reasons at length, in

Regulation of power of pardon in

capital cases.

Judge's report to be laid before

Executive Council.

Governor

of

to take advice Executive Council in such eases.

May exercise his own judgment; entering his reasons on Council Minutes, if unable to accept the advice of the majority.

Blue Book.

Governor's absence.

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Term" the Governor" explained.

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case he should decide any such question in opposition to the judgment of the majority of the Members thereof.

XXXV. The Governor shall punctually forward to Us from year to year, through one of Our Principal Secretaries of State, the annual book of returns for the Colony, commonly called the Blue Book, relating to the Revenue and Ex- penditure, Defence, Public Works, Legislation, Civil Establishments, Pensions, Population, Schools, Course of Exchange, Imports and Exports, Agri- culture, Produce, Manufactures, and other matters in the said Blue Book more particularly specified, with reference to the state and condition of the Colony.

XXXVI. The Governor shall not upon any pretence whatever quit the Colony without having first obtained leave from Us for so doing under Our Sign Manual and Signet, or through one of Our Principal Secretaries of State.

XXXVII. In these Our Instructions the term 'the Governor" shall, unless inconsistent with the context, include every person for the time being administering the Government of the Colony.

Given at Our Court at Saint James's, this Fourteenth day of February 1917, in the Seventh year of Our Reign.

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