TNAG-0326-FCO40-362-Appointments-to-membership-of-Legislative-Council-of-Hong-Ko-1972 — Page 148

D 12

App. I]

Royal Instructions.

[1967 Ed.

Regulation of

power of pardon in capital cases. Judge's report to be laid before Executive Council. Governor to take advice of Executive Council in such cases. May exercise his own judgment; entering his

reasons on

Council

Minutes, if

unable to accept the advice of the majority.

(Amended on 17 11.67.)

Governor's absence.

Term "the Governor" explained.

XXXIV. Whenever any offender shall have been condemned by the sentence of any Court in the Colony to suffer death, the Governor shall call upon the Judge who presided at the trial to make to him a written report of the case of such offender, and shall cause such report to be taken into consideration at a meeting of the Executive Council, and he may cause the said Judge to be specially summoned to attend at such meeting and to produce his notes thercat. The Governor shall not pardon or reprieve any such offender unless it shall appear to him expedient so to do, upon receiving the advice 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 deliberate judgment, whether the Members of the Executive Council concur therein or otherwise, entering, nevertheless, on the Minutes of the Executive 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.

XXXV. [Revoked 17.11.67.]

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.