CHARTER

CHARTER

10,-THE CHARTER.

LETTERS PATENT passed under the Great Seal of the United King-
dom constituting the office of Governor and Commander-in-chief
of the Colony of Hongkong and its Dependencies.

19th January, 1888.

VICTORIA, by the Grace of God of the United Kingdom of Great
Britain and Ireland, QUEEN, Defender of the Faith, Empress of
India: To all to whom these Presents shall conic, Greeting.

WHEREAS, by Our Charter under the Great Seal of Our United Kingdoin
of Great Britain and Ireland, bearing date at Westminster the 5th day
of April, 1843, We did erect Our Island of Hon gkong and its Depen-
dencies into a separate Colony, to be known and designated as the Colony
of Hongkong, And did make provision for the government of Our said
Colony;

AND WHEREAS by Our Order in Our Privy Comicil, bearing date the
4th day of February, 1861, in the 24th year of Our reign, it was ordered
that the Kowloon district therein described should be part and parcel of
Our said Colony;

AND WHEREAS We did, by certain Letters Patent under Our said Great
Seal, bearing date at Westminster the 9th day of April, 1877, constitute,
order, and declare that there should be a Governor and Commander-in-
chief in and over Our Colony of Hongkong and its dependencies .

AND WHEREAS We are minded to make further provision for the govern-
ment of Our said Colony:

Now WE do by these presents revoke Our said Charter and. Our said
Letters Patent, but without prejudice to anything lawfully done there-
under.
II. We do declare that there shall be a Governor and Commander-in-
Chief in and over Our Colony of Hongkong and its Dependencies (herein-
after called the Colony), and that appointments to the said office shall
be made by Commission under Our Sign Manual and Signet.
III. We do hereby authorise, empower, and command Our said
Governor and Commander-in-chief (hereinafter called the Governor) to
do and execute all things that belong to his said office, according to the
tenor of these Our Letters Patent and of such Commission as may be
issued to him under Our Sign Manual and Signet, -and according to such
instructions as may from time to time be given to him under Our Sign
Manual and Signet, or our Order in Our Privy Council, or. by Us

through one of Our principal Secretaries of State, and to such laws as
are now or shall hereafter be in force in the Colony.
IV. And We do by these Our lUetters Patent declare- Our will and
pleasure as follows:-





V. Every person appointed to fill the office of Governor of the Colony
shall with all due solleinnity, before- entering upon any of the duties Of
his office, cause the coniinission appointing him to be Governor to be
read and published in the presence of the Chief Justice or other Judge
of the Supreme Court, and of such ineinbers of the Executive Council of
the Colony as can conveniently attend ; which being done he shall theil
and there take before thein the Oath of Allegiance in the form provided
by an Act passed in the session holden in thirty-first and thirty-second
Years of Our reign, intitled 'An Act to amend the law relating to
Promissory Oaths ' ; and likewise the usual oath for the due execution
of the office of Governor, and for the due and impartial administration
of justice ; which oaths the said Chief Justice or Judge, or if they be
unavoidably absent, the senior inernber of the Executive Council then
present, is hereby required to administer.

VI. The Governor shall keep and use the public seal of the Colony
for sealing all things whatsoever that shall pass the said public seal.

VII. The Executive Council of the Colony shall consist of such
persons is We shall direct by any instructions under Our Sign Manual
and Signet, and all such persons shall hold their places in the said
Council during Our pleasure.

VIII. The Legislative Council of the Colony shall consist of such
persons as We shall direct by any instructions under Our Sign Manual
and Signet, atid such persons shall hold their places in the said Council
during Our pleasure.

IX. The Governor, by and with the advice and consent of the
Legslative Council, may make laws for the peace, order, and good
government of the Colony.

X. We do hereby reserve to Ourselves, Our Heirs and Successors, full
power and authority to disallow, through one of Our Principal Secretaries
of State, any such law as aforesaid. Every such disallowance shall take
effect front the time when the same shall be promulgated by the Governor
in the Colony.

XI. We do also reserve to Ourselves, Our Heirs and Successors, Our
and Their undoubted right, with the advice of Our or Their Privy Council,
to make all such laws as may appear necessary for the peace, order, and
good government of the Colony.

XII. The Governor, in Our name and on Our behalf, may make
and execute, under the public seal of the Colony, grants and dispositions
of any lands which may be lawfully granted .. - disposed of by Us.
Provided that every such grant or disposition. be, made in conformity
either with sonie law in force in the Colony or With some instructions
addressed to the Governor under our Sign manual and Signet, or through
one of Our principal Secretaries of State, or with some regulations in

force in tho Colony.





XIII. The Governor may constitute and appoint all such Judges,
Commissioners, Justices of the Peace, and other necessary officers and
ministers in the Colony, as may lawfully be constituted or appointed
by US, all of whom, unless otherwise provided by law, shall hold their
offices during Our pleasure.

XIV. When-any crime has been committed within the Colony, or for
which the offender may be tried therein, the Governor may, as he shall
see occasion, in our name and Our behalf, grant a pardon to any
accomplice in such crime who shall give such information as shall lead to
the conviction of the principal offender, or of any one of such offenders,
if more than one; and further may grant to any offender convicted in
any Court, or before-any Judge, or other magistrate within the Colony '
a pardon either free or subject to lawful-conditions, or any remission of
the sentence, passed on any 'such offender, or any respite of the execution
of such sentence for salch period as the Governor thinks fit, and may
remit the payment of any fines, penalties, or forfeitures due or accrued
to us. Provided always that the Governor shall in no case, except when
the offence has been of a political nature unaccompained by any other
grave crime, make it a condition of ally pardon or remission of sentence
that the offender shall be banished from or shall absent himself or be.
removed from the Colony.

XV. The Governor may, upon sufficient cause to him appearing,
suspend from the exercise of his office any person holding any office
within the Colony, whether appointed by any commission or warrant from
ITS or in Our-name, or by any other mode of appointment. Every such
suspension shall continue and have effect only until Our pleasure therein
shall be signified to the Governor. in proceeding to any such suspension
the Governor is strictly to observe the directions in that behalf given to
him by any instructions as aforesaid.

XVI.Whenever the office of Governor is vacant, or if the Governor
become incapable, or be absent from the Colony, Our Lieutenant-Governor
of the Colony, or if there shall be no such officer therein, then such
person or-persons as We have appointed or may hereafter appoint under
Our Sign Manual and Signet, and in default of any such appointment,
the person lawfully discharging the functions of Colonial Secretary, shall,
during Our pleasure, administer the Government of the Colony, first
taking, the oaths hereinbefore directed to be-taken by the Governor and
in the manner herein prescribed, which being done, We do hereby
authorise, empower and coraniand Our Licutenant-Governor, or any
such administrator as aforesaid, to do and execute, during or pleasure
all things that belong to the-office- of Governor and Commander-in-chief,
according to the tenor of these our Letters Patent, and according to Our
instructions as aforesaid, and. the laws of the Colony. [See also the
Dormant Commission, 14th October, 1903 : post No. 12. p. 23.]

XVII. And we do hereby require and command all Our officials and
ministers, civil and military, and all other inhabitants of the Colony
to be obedient, aiding and assisting unto the Governor and to any person
for the time being administering the Government of the Colony.

XVIII. In these our Letters Patent the term ' the Governor ' shall
include every person for the time being administering the Government
of the Colony.

XIX. And we do hereby reserve to Ourselves, Our Heirs and
Successors, full power and authority, from tinic to time, to revoke, alter,
or amend these Letters Patent as to Us or Them shall seem ineet.

XX. And We do further direct and enjoin that these Our Letters
Patent shall be read and proclaimed at such place or places within the
Colony as the Governor shall think fit.

Ill witness whereof We have caused these Our Letters to be made
Patent. Witness Ourself at Westminster, the 19th day of January in
the 51st year of Our Reign.

By Warrant under the Queen's Sign Manual.

Preamble. Recites Charter of 5th April, 1843. Recites Order in Council of 4th Feb., 1861. Recites Letters Patent of 9th April, 1877. Revokes Charter and Letters Patent recited. Office of Governor constituted. Governor's powers and authorities. Instructions. Publication of Governor's Commission. Oaths to be taken by Governor. Imperial Act. 31 & 32 Vict. C.72. Public Seal. Constituation of Executive Council. Constitution of Legislative Council. Governor. With advice and consent of Council, to make laws. Disallowance of Laws. Power of Legislation reserved to the Crown. Land grants. Governor empowered to appoint Judges and other officers. Grant of pardon. And remission of fines. Political offences. Proviso. Banishment prohibited. Succession to Government. Proviso. Oaths of Office. Powers, &c., of Administrator. Officers and others to obey and assit Governor. Term 'Governor' explained. Power reserved to Sovereign to revoke, alter, or amend present Letters Patent. Publication of Letters Patent.

Preamble. Recites Charter of 5th April, 1843. Recites Order in Council of 4th Feb., 1861. Recites Letters Patent of 9th April, 1877. Revokes Charter and Letters Patent recited. Office of Governor constituted. Governor's powers and authorities. Instructions. Publication of Governor's Commission. Oaths to be taken by Governor. Imperial Act. 31 & 32 Vict. C.72. Public Seal. Constituation of Executive Council. Constitution of Legislative Council. Governor. With advice and consent of Council, to make laws. Disallowance of Laws. Power of Legislation reserved to the Crown. Land grants. Governor empowered to appoint Judges and other officers. Grant of pardon. And remission of fines. Political offences. Proviso. Banishment prohibited. Succession to Government. Proviso. Oaths of Office. Powers, &c., of Administrator. Officers and others to obey and assit Governor. Term 'Governor' explained. Power reserved to Sovereign to revoke, alter, or amend present Letters Patent. Publication of Letters Patent.

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