Directory_and_Chronicle_1926 — Page 448

396

Suspension of Officers

Regulation of

power of pardon

in

to be laid

Council.

CONSTITUTION OF COUNCILS-HONGKONG

J

XXXIII.-Before suspending from the exercise of his office any publi officer whose annual pensionable emoluments exceed one thousand dollar !! or one hundred pounds sterling, according as the said emoluments are fixe i with reference to dollars or to pounds sterling, as the case may be, th Governor shall signify to such officer, by a statement in writing, the grounds of the intended suspension, and shall call upon him to state ie writing the grounds upon which he desires to exculpate himself, and if that officer does not furnish such statement within the time fixed by the Govery nor, or fails to exculpate himself to the satisfaction of the Governor, th Governor shall appoint a Committee of the Executive Council to investigat g the charge make and to make a full report to the Executive Council. Th Governor shall forthwith cause such report to be considered by the Councipa and shall cause to be recorded on the Minutes whether the Council or that! majority thereof does or does not assent to the suspension; and if th Governor thereupon proceed to such suspension, he shall transmit th report of the Committee and the evidence taken by it, together with th Minutes of the proceedings of the Council, to Us through one of Ou Principal Secretaries of State by the earliest opportunity. But if in ange case the interests of Our service shall appear to the Governor to deman that a person shall cease to exercise the powers and functions of his offici instantly, or before there shall be time to take the proceedings herein befor directed, he shall then interdict such person from the exercise of the powero and functions of his office.

XXXIV.-Whenever any offender shall have been condemned b In capital cases, the sentence of any Court in the Colony to suffer death, the Governom Judge's report shall call upon the Judge who presided at the trial to make to him a written: before Executive 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 man be conveniently held thereafter, and he may cause the said Judge to b specially summoned to attend at such meeting and to produce his notest thereat. The Governor shall not pardon or reprieve any such offenderf Governor to take unless it shall appear to him expedient so to do, upon receiving the advic of the Executive Council thereon; but in all such cases he is to decid either to extend or to withhold a pardon or reprieve, according to his ow deliberate judgment, whether the Members of the Executive Council concura therein or otherwise, entering, nevertheless, on the Minutes of the Execu tive Council a Minute of his reasons at length, in case he should decid the advice of the any such question in opposition to the judgment of the majority of th

Members thereof..

advice of Execu-

tive Council in

such cases. May exercise

own judgment entering his rear Minutes, if un-

sons on Council

able to accept

majority.

Blue Book.

Governor's absence.

22

Term “the Governor explained.

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 te the Revenue and Expenditure, Defence, Public Works, Legislation, Civit Establishments, Pensions, Population, Schools, Course of Exchange Imports and Exports, Agriculture, Produce, Manufactures, and other i 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.