Directory_and_Chronicle_1931 — Page 369

ROYAL INSTRUCTIONS-HONGKONG

317

be made before

XXXI.-Before disposing of any vacant or waste land to Us belong surveys and ing the Governor shall cause the same to be surveyed, and such reservations reservations to to be made thereout as he may think necessary for roads or other public waste lands are purposes. The Governor shall not, directly or indirectly, purchase for disposed of. himself any of such lands without Our special permission given through purchase lands. one of Our Principal Secretaries of State.

Governor not to

and during

XXXII.—All Commissions to be granted by the Governor to any per- Appointments to son or persons for exercising any office or employment shall, unless other be provisional wise provided by law, be granted during pleasure only; and whenever the pleasure. Governor shall appoint to any vacant office or employment, of which the initial emoluments exceed one thousand dollars or one hundred pounds sterling a year, according as the said emoluments are fixed with reference to dollars or to pounds sterling, as the case may be, any person not by Us specially directed to be appointed thereto, he shall, at the same time, ex- pressly appraise such person that such appointinent is to be considered only as temporary and provisional until Our allowance or disallowance thereof be signified.

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 made 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.

may

to be laid

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 before Executive into consideration at the first meeting of the Executive Council which 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 tive Council in either to extend or to withhold a pardon or reprieve, according to his own deliberate judgment, whether the Members of the Executive Council concur own judgment therein or otherwise, entering, nevertheless, on the Minutes of the Execu- entering his rea- tive Council a Minute of his reasons at length, in case he should decide Minutes, if un- any such question in opposition to the judgment of the majority of the the advice of the Members thereof.

advice of Execu-

such cases. May exercise

sons on Council

able to accept

majority.