476547-1938-Additional-Instructions-passed-under-the-Royal-Sign-Manual-and-Signet-to-come-into-operation-on-7th-July — Page 4

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THE HONG KONG GOVERNMENT GAZETTE, JULY 8, 1938.

Provisional appoint- ment of members.

Tenure of Office of Unofficial

Members of Legislative Council.

Unofficial Members eligible for re-appoint- ment.

Resignation

of Members.

If any Official Member of the Legislative Council cease to hold office under the Crown in the Colony, his seat in the Council shall thereupon become vacant.

XIV. Whenever any Member of the Legislative Council, other than an ex officio Member, shall, in the manner here- inafter provided, have resigned his seat in the Council or shall die, or whenever the seat of any such Member shall otherwise become vacant, or wherever any such Member shall be suspended from the exercise of his functions as a Member of the Council, or be declared by the Governor by an Instrument under the Public Seal to be incapable of exercising his functions as a Member of the Council, or be absent from the Colony, or shall be acting in an office the holder of which is an ex officio Member of the Council, the Governor may, by an Instrument under the Public Seal, appoint some person to be provisionally a Member of the Council in the place of such Member.

Such person shall held his place in the Council during Our pleasure and shall forthwith cease to be a Member of the Council if his appointment is disallowed by Us, or revoked by the Governor or superseded by the definitive appointment of a Member of the Council, or if the Member in whose place he was appointed shall be released from suspension, or, as the case may be, shall be declared by the Governor capable of again exercising his functions in the Council, or shall return to the Colony, or shall cease to sit in the Council as an ex officio Member.

When any person shall be lawfully discharging the func- tions of more than one of the offices the holders of which are ex officio Members of the said Council, the Governor may, by an Instrument under the Public Seal, appoint any fit person to be provisionally a Member of the Council so long as the said offices shall continue to be so discharged by one person but any such appointment may be disallowed or revoked as aforesaid.

The Governor shall, without delay, report to Us, through one of Our Principal Secretaries of State, every provisional appointment of any person as a Member of the Legislative Council.

XVI. Every Unofficial Member of the Legislative Council shall vacate his seat at the end of four years from the date of the Instrument by which he is appointed or of such other period as may be specified in that Instrument, but shall be eligible to be re-appointed in the manner hereinbefore pro- vided for a further period or periods, each period not exceed- ing four years:

Provided that if any such Member is provisionally appointed to fill a vacant seat in the Council and his provi- sional appointment is immediately followed by his definitive appointment, the aforesaid period of four years shall be reckoned from the date of the Instrument provisionally appointing him.

XVIII. Any Member of the Legislative Council, other than an ex officio Member, may resign his seat in the Council by writing under his hand, but no such resignation shall take effect until it be accepted by the Governor in writing, or by Us through one of Our Principal Secretaries of State.