672352-1884-Executive-and-Legislative-Councils-Add-Instructions- — Page 2

•

40 SUPPLEMENT TO THE HONGKONG GOVT GAZETTE OF 2wd FEB., 1884.

And whereas, by certain Instructions under Our Sign Manual and Signet, Recites Instructions dated bearing date the 9th day of April 1877, We did direct and appoint that Our said 9th April 1877. Legislative Council should consist of certain Officers and persons, as in the XIIth Article of Our said Instructions is more particularly set forth.

tructions of 28th Janu ary 1878.

And whereas by certain Additional Instructions under Our Sign Manual and Recitos Additional Ins- Signet, bearing date the 28th day of January 1878, we did substitute a new Article for the XIIIth Article of Our said Instructions of the 9th day of April 1877, respecting the Precedence of the Members of Our Executive Council of the Colony.

And whereas we are minded to make further provision for Our said Executive and Legislative Councils; Now, We do by these Our Instructions under Our Sign Manual and Signet direct and enjoin and declare Our will and pleasure as follows:-

I. The following Article shall be substituted for the aforesaid XIIth Article of Cubstitutes new Article Our said lustructions of 9th April 1877, and may be printed instead thereof in any copy hereafter to be made of Our said Instructions, viz. :-

for Article XII, of Ins- tructions.

tive Council.

"XII. Our said Legislative Council shall consist of the persons for the time Constitution of Legisla lawfully discharging the functions of Chief Justice, Colonial Secretary, and Attorney General of Our said Colony, and of such other persons holding offices in the Colony, and not exceeding three in number at any one time, as we may from time to time appoint by any Instructions or Warrants under Our Sign Manual and Signet, and all such persons shall be styled Official Members of Our said Legislative Council; and further of such persons, not exceeding five in number at any one time, as are immediately before the receipt of these Our Instructions in the Colony Unofficial Unofficial Members. Members of Our said Council, or as We may from time to time appoint by the like Instructions or Warrants to be Unofficial Members thereof.

Official Members.

"Every Unofficial Member of Our said Legislative Council shall vacate Unofficial his seat at the end of six years from the date of the instrument by which he is appointed.

Members to vacate their seats at the end of six years from the date of the Instrument of appointment.

"If any Member of Our said Council not holding one of the three offices Provisional appointments. mentioned in this Article shall die, or become incapable, or be suspended or removed from his seat in the Council, or be absent from the Colony, or if he shall, with permission of the Governor, resign his seat by writing under his hand, the Governor may, by an Instrument under the Public Seal of the Colony, appoint in his place a fit person to be provisionally a Member of the said Council.

"Such person shall forthwith cease to be a Member if his appointment is disallowed by Us, or if the Member in whose place he was appointed shall return to the Colony, or shall be released from suspension, or shall be declared by the Governor capable of again discharging his functions in the said Council.

of

to be reported.

"The Governor shall, without delay, report to Us, for Our confirmation or Provisional appointments disallowance, through one of Our Principal Secretaries of State, every provisional appointment any person as an Official or Unofficial Member of Our said Council. Every such person shall hold his seat during Our pleasure, and the Governor may by any Instrument under the Public Seal of the Colony revoke any such appointment.'

II. We do hereby revoke Our Additional Instructions, of the 28th day of January 1878; and the following Article shall be substituted for the aforesaid XIIIth Article of Our Instructions of the 9th day of April 1877, and may be printed instead thereof in any copy hereafter to be made of Our said Instructions, viz.:-

Additional Instructions

of 28th January 1878, revoked.

Substitutes new Article

for Article XIII. of Ins tractions of 9th April, 1877.

"XIII. The Members of Our Executive Council whose offices are mentioned Precedence of Members in the IIIrd Article of these Instructions shall take precedence of the other Members,

of the Executive, and shall, between themselves, take precedence according to the order in which their respective offices are mentioned in the same Article (except that the said Military Officer, if he be below the rank of Lieutenant-Colonel in Our Army, shall take precedence next after the person lawfully discharging the functions of Attorney General of Our said Colony). The other Members of the Executive Council shall take precedence among themselves according to the priority of their respective appointments; or if appointed by the same instrument, according to the order in which they are named therein.