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and is the representative of and responsible to the Crown (which in practice means the Secretary of State for Foreign and Commonwealth Affairs). Notwithstanding the existence
and Legulating Cial
of the Executive Council, he is in theory, and in fact, the keystone of the government of Hong Kong.
The Governor is required to exercise his
constitutional powers in accordance with the Letters Patent, Royal Instructions, his Commission (in so far as it may contain any special instructions), his oath, such directions as he may receive from the Secretary of State, and in accordance with the Laws of Hong Kong.
The Governor has the final responsibility for the administration of Hong Kong and is able to make his views known throughout the entire sphere of government activity. In practice, he is in a position to determine priorities
and to lay down guidelines of policy.
The royal prerogative of mercy is conferred on the Governor by Letters Patent (Article XV) whereby he may grant pardons, respite sentences and remit fines, penalties and forfeitures. For offences other than of a purely
political nature, the exercise of the prerogative may
In the case of not be made conditional or banishment.
a person sentenced to death the Governor must consult
the Executive Council with the aid of a report from the
trial judge. However, he alone must decide according to his own deliberate judgment, subject only to his minuting a decision taken contrary to the advice of the Executive
Council.
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