Directory_and_Chronicle_1934 — Page 220

184

Appointments to be provisional and during pleasure.

Suspension of

Officers.

Regulation of

in capital cases.

ROYAL INSTRUCTIONS-HONGKONG

XXXII. All Commissions to be granted by the Governor to any per- son or persons for exercising any office or employment shall, unless other- wise provided by law, be granted during pleasure only; and whenever the 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 enioluments 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 appointment is to be considered only as temporary and provisional until Our allowance or disallowance thereof be signified.

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XXXIII. Before suspending from the exercise of his office any public officer whose annual pensionable emoluments exceed one thousand dollars 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 thei e 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.

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XXXIV.—Whenever any offender shall have been condemned by power of pardon the sentence of any Court in the Colony to suffer death, the Governor 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

to be laid

Council.

tive Council in such cases.'

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 summoned to attend at such meeting and to produce his notes thereat. The Governor shall not pardon or reprieve any such offender Governor to take unless it shall appear to him expedient so to do, upon receiving the advice Live Council 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 own judgment deliberate judgment, whether the Members of the Executive Council concur sons on our therein or otherwise, entering, nevertheless, on the Minutes of the Execu- Minutes, if un- tive Council a Minute of his reasons at length, in case he should decide the advice of the any such question in opposition to the judgment of the majority of the

Members thereof.

May exercise

Council

able to accept

majority.

Blue Book,

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 Expenditure, Defence, Public Works, Legislation, Civil Establishments, Pensions, Population, Schools, Course of Exchange,