TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 38

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Dissolution

of Council.

(Added on 4.4.85. 9.4.88.)

li slai

"(or if the election election)".

Surveys and reservations to be made

before waste lands are disposed of. Governor not to purchase lands.

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.)

22

XXVIIIA. (1) The Governor may at any time, by Order published in the Hong Kong Government Gazette, dissolve the Legislative Council:

Provided that the Legislative Council shall stand dissolved in the third year after the latest election for all the Elected Members of the Legislative Council on such date as the Governor shall fix being a date not earlier than 60 days and not later than 30 days before the anniversary of that election.

was held on more than one day, of the first day of that

(2) Un the dissolution of the Council, all the Elected Members shall vacate their seats:

Provided that if, for the consideration of any urgent business, the Governor shall appoint a time for a sitting of the Council after the dissolution but before the day appointed for the holding of an election for all the Elected Members of the Legislative Council (as required by Clause XIIA of these Instructions), the persons holding office as Elected Members of the Council immediately before such dissolution shall continue to sit as Elected Members until the commencement of the day (or, if more than one, the first day) appointed for the holding of such elections.

XXIX.

Revoked 5.2.71.

XXX. Revoked 17.11.67.

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

XXXII. Revoked 5.2.71.

XXXIII. Revoked 30.4.38.

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 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 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.

par Caption

XXXV. R

XXXVI. 1

quit the Colony doing under Ou Principal Secreta

XXXVII. shall, unless inc the time being a

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