Directory_and_Chronicle_1919 — Page 423

CONSTITUTION OF COUNCILS-HONGKONG

371

XXXIII.—Before suspending from the exercise of his office any public Suspension of officer whose annual pensionable emoluments exceed one thousand dollars Officers. or one hundred pounds sterling, according as the said emoluments are fixed with reference to dollars or to pounds sterling, as the case may be, the Governor shall signify to such officer, by a statement in writing, the grounds of the intended suspension, and shall call upon him to state in writing the grounds upon which he desires to exculpate himself, and if the officer does not furnish such statement within the time fixed by the Gover nor, or fails to exculpate himself to the satisfaction of the Governor, the Governor shall appoint a Committee of the Executive Council to investigate the charge make and to make a full report to the Executive Council. 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.

in capital cases.

laid before Executive

XXXIV.-Whenever any offender shall have been condemned by Regulation of the sentence of any Court in the Colony to suffer death, the Governor power of pardon shall call upon the Judge who presided at the trial to make to him a written Judge's report report of the case of such offender, and shall cause such report to be taken to be ad into consideration at the first meeting of the Executive Council which may Council be conveniently held thereafter, and he may cause the said Judge to be specially summoned to attend at such meeting and to produce 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 Governor to take of the Executive Council thereon; but in all such cases he is to decide advice of Execu either to extend or to withhold a pardon or reprieve, according to his own such cases. deliberate judgment, whether the Members of the Executive Council concur May exercise

own judgment; therein or otherwise, entering, nevertheless, on the Minutes of the Execu- entering his rex- tive Council a Minute of his reasons at length, in case he should decide any such question in opposition to the judgment of the majority of the Members thereof.

tive Council in

finutes, if un- "ble to accept

sons on Council

the advice of the majority.

XXXV.-The Governor shall punctually forward to Us from year to Blue Book, 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 Expenditure, Defence, Public Works, Legislation, Čivil Establishments, Pensions, Fopulation, Schools, Course of Exchange, Imports and Exports, Agriculture, Produce, Manufactures, and other matters in the said Blue Book more particularly specified, with reference to the state and condition of the Colony.

absence.

XXXVI.—The Governor shall not upon any pretence whatever quit Governor's 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 Sta'e.

Governor

XXXVII. In these Our Instructions the term "the Governor" shall, Term "the unless inconsistent with the context, include every person for the time explained. 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.