314
. Seats declared void in certain cases.
Resignation of Members.
Council may transact business
Quorum.
ROYAL INSTRUCTIONS-HONGKONG
Every such Unofficial Member shall be eligible to be re-appointed by the Governor by an Instrument under the Public Seal of the Colony for a further period not exceeding six years, subject to Our approval conveyed through one of Our Principal Secretaries of State.
[This clause was revoked by additional Instructions dated
January 10th, 1922. See at end.]
XVII.—If any Unofficial Member of the Legislative Council shall become bankrupt or insolvent, or shall be convicted of any criminal offence, or shall absent himself from the Colony for more than three months without leave from the Governor, the Governor may declare in writing that the seat of such Member at the Council is vacant, and immediately on the publication of such declaration he shall cease to be a Member of the Council. XVIII.-Any Unofficial Member may resign his seat at the Council by writing under his hand, but no such resignation shall take effect until it be accepted in writing by the Governor, or by Us through one of Our Principal Secretaries of State.
XIX.-The Legislative Council shall not be disqualified from the notwithstanding transaction of business on account of any vacancies among the Members vacancies. thereof; but the said Council shall not be competent to act in any case unless (including the Governor or the Member presiding) there be present at and throughout the meetings of the Council five Members at the least. XX.-The Members of the Legislative Council shall take precedence as We may specially assign, and in default thereof, as follows:-
(1) First, the Official Members in the following order:-
Precedence of Members.
Who to preside.
(a) The ex Officio Members in the order in which their offices are mentioned (except that the Senior Military Officer, if below the rank of Lieutenant-Colonel in Our Army, shall take precedence after the person lawfully discharging the functions of Attorney-General).
(b) Other Official Members according to the priority of their respective appointments, or if appointed by or in pur- suance of the same Instrument, according to the order in which they are named therein.
(2) Secondly, the Unofficial Members in the following order:
(a) The Unofficial Members who are also Members of the Executive Council of the Colony according to the pre- cedence taken as between themselves as Members of the Executive Council.
(b) Other Unofficial Members according to the priority of their respective appointments, or if appointed by or in pur- suance of the same Instrument, according to the order in which they are named therein: Provided that any such Unofficial Member who is re-appointed immediately on the termination of his term of office shall as between himself and other Unofficial Members who are not also Members of the Executive Council take precedence according to the date from which he has been con- tinously a Member of the Legislative Council.
[As amended by Additional Instructions of 20-11-29.]
XXI.-The Governor shall attend and preside in the Legislative Council, unless prevented by illness or other grave cause; and in his absence any Member appointed by him in writing shall preside, or, in default of such Member, the Member who is first in precedence of those present shall preside.
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