INSTRUCTIONS

INSTRUCTIONS

11. - INSTRUCTIONS

passed under the Royal Sign Manual and Signet to the Governor and
Commander-in-Chief of the Colony of Hongkong and its Dependen-
cies, 19th January, 1888.

Additional Instructions, 7th July, 1896.

VICTORIA R.

INNSTRUCTIONS to Our Governor and Commander-in-Chief
in and over Our Colony of Hongkong and its Dependencies, and
to Our Lieutenant Governor or other Officer for the time being
administering the Government of Our said Colony and its Depen-
dencies.
Given at Our Court at Osborne house, Isle of Wight, this
19th day of January, 1888, in the 51st Year of Our Reign.
WHEREAS by certain Letters Patent under the Great Seal of Our
United Kingdom of Great Britain fCnd Ireland, bearing even date here-
with, We have made provision for the office of Governor and Commander-
in-Chief (therein and hereinafter called the Governor) in and over Our
Colony of Hongkong and its Dependencies (therein and hereinafter
called the Colony;





AND WHEREAS We did thereby authorise and command Our said
Governor to do and execute all things that belong to his said office,
according to the tenor of Our said Letters Patent and of such Commission
as might be issued to him under Our Sign Manual and Signet, and accord-
ing to such Instructions as might from time to time be given to him under
Our Sign Manual and Signet or by Our Order in Our Privy Council, or
by Us through one of Our Principal Secretaries of State, and to such
Laws as are nosy or shall hereafter be in force in the Colony;

AND WHEREAS We are minded to issue these Our Instructions under
Our Sign Manual and Signet for the guidance and direction of Our
Governor, Lieutenant Governor, or other officer for the time being
administering the Government of Our said Colony;

Now THEREFORE We do hereby revoke and determine Our Instructions
under our Sign Manual and Signet bearing date the 11th day of October,
1886; and We do direct and enjoin -and declare Our will and pleasure
as follows:--

II. The Governor may, whenever he thinks fit, require ally person in
the public service of the Colony to take the Oath of Allegiance, in the
form. prescribed by the Act mentioned in Our said Letters Patent, to-
gether with such other Oath or Oaths as may from time to time be pre-
scribed by any Laws in force in the Colony. The Governor is to administer
such Oaths, or to cause tbein to be administered by some Public Officer
of the Colony.

III. The Executive Council of the Colony shall consist of the Lienten-
ant Governor of the Colony (if any), the Senior Military Officer for the
time being in command of Our regular troops within the Colony, the
persons for the time being lawfully discharging the functions of Colonial
Secretary, of Attorney General, and of Treasurer of the Colony, who are
hereinafter referred to as Official Alembers, and of such other persons [as
at the date of the receipt of these Instructions in the Colony are Mem-
bers of the said Council, or] as We may from. time to time appoint by any
Instruction or Warrant under Our Sign Manual and Signet.

IV. The Members of the Executive Council shall have seniority and
precedence as We may specially assign, and, in default thereof, first, the
Official Members in the order in which their offices are above mentioned
(except that the Senior Military Officer, if below the rank of Lieutenant-
Colonel in Our Army, shall take precedence after the person lawfully
discharging the functions of Attorney General), and then other Members
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.
V. In the event of the absence from. the Colony of any Official or
Unofficial Member of the Executive Council, the Governor may, by an
Instrument under the Public Seal of the Colony, appoint any Public
Officer to act provisionally as an Official or Unofficial member, and any





person not a Public Officer to act provisionally as an Unofficial Member
of the Council, in the room of the Member so absent and during his
absence. The Governor shall forthwith report every such provisional
appointment to Us through. one of Our Principal Secretaries of State, and
every such appointment may be disallowed by us through one of Our
Principal Secretaries of State, or maY be revoked by the Governor hy
any such Instronient as aforesaid.

VI. The Governor shall forthwith coninitinicatc. these Our Instructions
to the Executive Council, and likewise all such others, from time to time
as We may direct, or as he shall find convenient for our service to im-
part to them.

VII. The Executive Council shall not proceed to the despatch of
business unless duly summoned by authority of the Governor, nor unless
two Members at the least (exclusive of himself or of the Member presid-
ing) be present and assisting throughout the of the meetings at
wbich any such business shall be despatched.

VIII. The Governor shall attend and preside at all meetings of the
Executive Council, unless when prevented by illness or other grave
cause, and in his absence such Member as the Governor may appoint, or
in the absence of such. Member the senior Meniber of the Council actually
present shall preside.

IX. Minutes shall be regularly kept of all the proceedings of the
Executive Council; and it each meeting of the Coxincil the minutes of
the last preceding meeting shall be read over and confirmed or amended,
is the case may require, before proceeding to the despatch of any other
business.
Twice in each year a full and exact copy of all Minutes for the preced-
ing half year shall. be transmitted to Us through. one of Our Principal
Secretaries of State.
X. In the execution of the powers and authorities granted to the
Governor by Our said Letters Patent, he shall in all cases consult with
the Exectitive Council, excepting only in cases which may be of such a
nature that, in his judgment, Our servicewould sustain material prejudice
by consulting the Council thereupon, or when the matters to be decided
shall be too unimportant to require their advice, or too urgent to admit
of their advice being given by the time within which it may be necessary
for him to act in respect of any such matters. In all such urgent cases
he shall, at the earliest praticable period, communicate to the Executive
Council the measures which he may so have adopted, with the- reasons
thereof.
XI. The Governorshall alone be entitled to submit questions to the
Executive Council for their advice or decision; but if the Governor de-





cline to submit any question to the Council when requested in writing
by any Member so to do, it shall be competent to such Member to require
that there be recorded upon. the Minutes his written application, together
With theansiver returned by the Governor to the same.

XII. The Governor may, in the exercise of the powers and avithorities
granted to him by Our said Letters Patent, act in opposition to the
advice given to him by the Members of the Executive Council, if he
shall in any case deem it right to do so; but in any such case he shall
fully report the matter to Us by the first convenient opportunity, with
the grounds and reasons of his action. In every such case it shall be
competent to any Member of the said Council to require that there be
recorded at length on the Minutes the grounds of any advice or opinion
he may give upon the question,

[Additional Instructions., 7th July, 1896.]

XIII. The Legislative Council of the Colony shalf consist of
the Governor, the Lieutenant Governor (if any), the Senior military
Officer, for the time being in command of Our Regular Troops
within the Colony, the persons- for the time heins, lawfully dis-
charging the functions of Colonial Secretary, Attorney General,
and Treasurer of the Colony, and such other persons holding
offices in the Colony, and not exceeding three in number it any
one time, [as at the time of the receipt of these Our additional
Instructions in the Colony are Official members of the said
Council, or] -as We may from time to time appoint by any
Instructions or Warrant, under Our Sign Manual and Signet
and all such persons shall be syled Official Members of the
Legislative Council; and further of such persons, not exceeding
six in number at any one time, [as at the time of the receipt of
these Our Additional Instructions in the Colony are Unofficial
Members of the said Council, or] as the Governor, in pursuance
of any Instructions from Us, through one of Our Principal Secre-
taries of State, may from time to time appoint by any Instrument
under the public seal of the Colony, and all such persons shall
be styled Unofficial Members of the Legislative Council.

Every [person who at the time of the receipt of these Our
Additional Instructions in the Colony is an Unofficial member
of the Legislative Council may retain his seat until the end of six
Years from the date of his appointment, and every] Unofficial
member appointed after the receipt of these - Additional instrue-
tions shall vacate his seat at the end of six years from the date
of the Instrument by which he is a pointed.






XIV. If any Member of the Legislative Council, not holding one of
the Offices named in the preceding 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 resign by writing under his hand, or if his
seat become vacant, 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.

The Governor shall, without delay, report to Us for Our confirmation
or disallowance, through one of Our Principal Secretaries of State, every
provisional appointinent of any person as an Official or Unofficial Member
of the Legislative Council. Every such person shall hold his place
in the Council during our pleasure, and the Governor may by any
instrument under the public seal revoke any such appointment.

XV. The Legislative Council shall not be disqualified from the
transaction of business on account of any vacancies among the Members
thereof ; but the said Council shall not be competent to act in any case
unless (including the Governor or the Member presiding) there be
present at and throughout the meetings of Council five Members at the,
least.
[Additional Instructions, 7th July, 1896.]
XVI. The Official Members of the Legislative Council shall
take precedence of the Unofficial Members ; and among themselves
shall take precedence as We may specially assign, and, in default
thereof, first the above-mentioned Officers in the order in which
their offices are mentioned (except that the Senior Military Officer,
if below the rank of Lieutentant-Colonel in Our Army, shall take
precedence after the person lawfully discharging the functions
of Attorney General), then other Official Members and all Un-
official Members 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.
XVII. The Governor shall attend and preside in the Legislative
Council unless prevented by illness or other grave cause; and in his
absence that Member shall preside who is first in precedence of those
present.

XVIII. All questions proposed for debate in the Legislative Council
shall be decided hy the majority of votes, and the Governor or the
Member presiding shall have (in original vote in common with the other





Members of the Council, as also a casting vote, if upon any question the
votes shall be equal.

XIX, The Legislative Council may from time to time make Standing
Rules and Orders for the regulation of their own proceedings; provided
such Rules and Orders be not repugnant to our said Letters Patent, or to
these Our Instructions, or to any other Instructions from Us tuider Our
Sign Manual and Signet.

XX. It shall be competent for any Member of the Legislative Council
to propose any question for debate therein; and such question, if seconded
by any other Member, shall be debated and disposed of according to the
Standing Rules and Orders. Provided always, that, every Ordinance,
vote, resolution, or question, the object or effect of which may be to
dispose of or charge any part of Our revenue arising witnin the Colony,
shall be proposed by the Governor, wiless the proposal of the same
shall have been expressly allowed or directed by him-

XXI. In the making of Laws the Governor and the Conncil shall.
observe, as far as practicable, the following Rules:---

1. All Laws shall be styled ' Ordinances ', and the enacting words
shall be, ' enacted by the Governor of hongkong, with the advice and
' consent of the Legislative Council thereof '.

2. All Ordinances shall be distinguished by titles, and shall be divided
into successive clauses or paragraphs, numbered consecutively, and to
every such clause there shall be annexed in the margin a short summary
of its contents. The Ordinances of each year shall be distinguished by
consecutive numbers, commencing in each year with the number one.
3. Each different matter shall be provided for by a different Ordin.-
ance, without intermixing into one and the same Ordinance such things
as have no proper relation to each other; and no clause is to bc inserted
in or annexed to any Ordinance which shall be foreign to what the title
of such Ordinance imports, and no perpetual clause shall be part of any
temporary Ordinance.
XXII. The Governor shall not, except in the cases hereunder men-
tioned, assent in Our name to any Ordinance of any of the following
classes :-
1. Any Ordinance for the divorce of persons joined together in holy
matrimony.
2. Any Ordinance whereby any grant of land or money, or other dona-
tion or gratuity, may be made to himself.
3. Any Ordinance whereby any increase or diminutiou way be made
in the number, salary, or allowances of the public officers.
4. Any Ordinance affecting the Currency of the Colony, or relating to
the issue of Bank notes.





5. Any Ordinance establishing any Banking Association, or amending
or altering the constitution, powers, or privileges of any Banking As-
sociation.

6. Any Ordinance imposing differential duties.

7. Any Ordinance the provisions of which shall appear inconsistent
with obligations imposed upon Us by Treaty.

8. Any Ordinance interfering with the discipline or control of Our
forces by land or sea.

9. Any Ordinance of an extraordinary nature and importance, whereby
Our prerogative or the rights and property of Our subjects not residing
in the Colony, or the trade and shipping of Our United Kingdom and
its dependencies, may be prejudiced.

10. Any Ordinance whereby persons not of European birth or descent
may be subjected or made liable to any disabilities or restrictions to
which persons of European birth or descent are not also subjected or
made liable.

11. Any Ordinance containing provisions to which Our assent has
been once refused, or which liable been disallowed by Us.
Unless such Ordinance shall contain a clause suspending the operation
of such Ordinance until the signification of Our pleasure thereupon, or
unless the Governor shall have satisfied himself that an urgent necessity
exists requiring that such Ordinance be brought into immediate opera-
tion, in which case he is authorised to assent in Our name to such Ordi-
nance, unless the same shall be repugnant to the law of England, or

inconsistent with any obligations imposed on Us by Treaty. But he is-to
transmit to Us, by the earliest opportunity, the Ordinance so assented to,
togther with his reasons for assenting thereto.

XXIII. No Ordinance shall be passed whereby the property-of any
private person may be affected in which there is not a saving of the rights
of Us, Our heirs and successors, and of all bodies, politic or corporate,
and of all other persons except such as are mentioned in the said Or-
dinance, and those claiming by, from, and under them. The Governor
shall not assent in Our name to any private Ordinance until proof be
made before him in the Executive Council, and recorded in the Minutes
thereof, that adequate and timely notification, by public advertisement
or otherwise, was made of the parties intention to apply for such Or-
diliance before the same was brought into the Legislative Council; and
a certificate under his hand shall be transmitted with and annexed to
every such private Ordinance, signifying that such notification has, been
given, and declaring the manner of giving the same.

XXIV. When any Ordinance shall have been passed in the Legislative
Council, the Governor shall transmit to Us, through one of Our Principal
Secretaries of State, for Our final approval, disallowance, or other direc-





tion thereupon, a full and exact copy in duplicate of the same, and
of the marginal summary thereof, duly authenticated under the public
seal of the Colony, and by his own signature. Such copy shall be
accompanied by such explanatory observations as may be required' to
exhibit the reasons and occasion for passing such Ordinance.

XXV. At the earliest practicable period at the commencement of each
year, the Governor shall cause a complete collection to be published, for
general information, of all Ordinances enacted during the preceding year.

XXVI. Minutes shall be regularly kept of all the proceedings of the
Legislative Council, and at each meeting of the said Council, the
Minutes of the last preceding meeting shall be read over, and Confirmed
or amended, as the case may require, before proceeding to the despatch
of any other business.

Twice in each year, lhe Governor shall transmit to Us, through one of
Our Principal Secretaries of State, a full and exact copy of the said
Minutes for the preceding half year.

[XXVII. nothing herein or in Our said Letters Patent constituting

the office of Governor contained, shall be deenied to Invalidate or revoke
certain Instructions under Our Sign Maimal and Signel, given on the
21st day of January, 1846, to the Governor of the Colony, respecting
the prosecution of Appealls front the Supreme Court of the Colony-,
but the said Instruction.; shall remain in full force. and effect until other-
wise provided by Us.]
[The ' Additional lnstructions ' as to appeals to the Privy
Council, Avere revoked by insturctions, 10th August, 1909.]
XXVIII. Before disposing of any vacant or wastle land to Us belong-
ing, the Governor shall cause the saine to be surveyed and such reserva-
tions 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.
All commissions to be granted by the Governor to any person
or persons for exercising ans, office or employment shall, unless otherwise
provided by law, be granted during pleasure only ; and whenever the
Governor shall appoint to any vacant office or employment any person
not by Us specially directed to be appointed thereto, he shall, at the
same time, expressly apprise such person that such appointment is to be
considered only as teinporary and provisional until Our allowance or
disallowance thereof be signified.
XXX Before suspending from the exercise of his office any public
officer who has been appointed by virtue of a commission or warrant
from Us or in Our name, or whose emohinients exceed 100 a year, the





Governor shall signify to such -officer, by a statement in writing, the
grounds of the proposed suspension, and shall call upon him to state in
writing the grounds upon which he desires to exculpate himself. The
Governor shall lay both statements before the Executive Council, and,
having consulted them thereon, cause to be recorded on the Minutes
whether the Council or the majority tbereof does or does not assent to the
suspension; and if the-Governor thereupon proceed to such suspension
he shall transmit both of the said statements, together with the Minutes
of the Executive Council to Us through one of Our Principal Secretaries

of State by the earliest opportunity. But if in any case the interests of
Our service shall appear to the Governor to demand that a person. shall
cease to exercise the powers and functions of his office instantly, or before
there shall be time to take the proceedings hereinbefore directed, he shall
then. interdict such person from the exercise of the powers and functions
of his office.

XXXI Whenever any offender shall have been condenified to suffer
death by the sentence of any Court in the Colony, the Govemor 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 the first meeting thereafter which may be
conveniently held of the Executive Council, and he may cause the said
Judge to be specially summoned to attend at such meeting 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, after receiving
the advice of the Executive Council thereon, but in all such cases he is
to decide either to extend of, 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 questions in opposition to the majority of
the members thereof.

XXXII. The Governor shall punctually forward to Us, from year to
year, through one of Our Principal Secretaries of State, the annual book
of returns. for the said Colony, commonly called the Blue Book, relating
to the Revenue and Expenditure, Defence, Public Works, Legislation,
Civil Establishments, Pelisions, Population, Schools, Course of Exchange,
imports and Exports, Agriculture, Produce, Manufactures and other
matters in the said Blue Book more particularly specified, with refdrence
to the state and condition of the Colony.

XXXIII. The Governor shall not upon any pretence whatever quit
the Colony without having first obtained leave from Us for so doing
under Our Sign Manual and Signet, or through one of Our Principal
Secretaries of State.

XXXIV. In these Our Instructions the term ' the Governor ' shall,
unless inconsistent with the context, include every person for the time
being administering the Government of the Colony.
V. R.

Preamble. Recites Letters Patent of even date. Instructions. Revokes Instructions of 11th Oct., 1886. Governor to administer oaths. *[31 & 32 Vict. C.72] Constitution of Executive Council, Offical Members. Precedence. Provisional appointment of Offical and Unofficial Members. Revocation of provisional appointments. Governor to communicate Instructions to Executive Council. Executive Council not to proceed to business unless summoned by Governor's authority. Quorum. Governor to preside. Minutes of Executive Council to be kept; and transmitted home twice a year. Governor to consult Executive Council. Proviso for urgent cases, &c. Governor to propose questions. No Nmember to propose a question, but may record application for so doing. Governor may act in opposition to Executive Council, reporting grounds for so doing. Members may record on Minutes their adverse opinions. Constitution of Legislative Council. Official Members. Unofficial Members. Vacation of seats. Provisional appointments of members of Legislative Council. Provisional appointments to be immediately reported. Revocation of such appointments. Council may transact business notwithstanding vacancies. Quorum. Precedence of Members. Governor to preside in Council, or in his absence the Senior Member. Questions to he decided by majority. Governor to have original and casting vote. Standing Rules and Orders to be made. Questions &c., for debate. Rules under which Ordinances are to be enacted. Form of enacting Ordinances. Ordinances to be numbered and methodically arranged. Different subjects not to be mixed in same Ordinance. No clause to be introduced foreign to what title of Ordinance imports. Temporary Ordinances. Description of Ordinances not to be asscented to. Provision in cases of urgency for immediate operation of an Ordinance referred to in the Article. Private Ordinances. Ordinances to be sent home duly authenticated. Collection of Ordinances to be published every year. Minutes of proceedings to be kept. Minutes to be sent home twice a year. Maintains prevvious Instructions, dated 21st January, 1846, regulating appeals from Supreme Court. [cf.post Part VII.] Surveys and reservations to be made before waste lands are disposed of, Governor not to purchase lands. Appointments to be provisional and during pleasure. Suspension of officers. 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 but shall exercise his own judgments, entering his reasons on Council Minutes. Blue Book. Governor's absence. Term 'Governor' explained.

Preamble. Recites Letters Patent of even date. Instructions. Revokes Instructions of 11th Oct., 1886. Governor to administer oaths. *[31 & 32 Vict. C.72] Constitution of Executive Council, Offical Members. Precedence. Provisional appointment of Offical and Unofficial Members. Revocation of provisional appointments. Governor to communicate Instructions to Executive Council. Executive Council not to proceed to business unless summoned by Governor's authority. Quorum. Governor to preside. Minutes of Executive Council to be kept; and transmitted home twice a year. Governor to consult Executive Council. Proviso for urgent cases, &c. Governor to propose questions. No Nmember to propose a question, but may record application for so doing. Governor may act in opposition to Executive Council, reporting grounds for so doing. Members may record on Minutes their adverse opinions. Constitution of Legislative Council. Official Members. Unofficial Members. Vacation of seats. Provisional appointments of members of Legislative Council. Provisional appointments to be immediately reported. Revocation of such appointments. Council may transact business notwithstanding vacancies. Quorum. Precedence of Members. Governor to preside in Council, or in his absence the Senior Member. Questions to he decided by majority. Governor to have original and casting vote. Standing Rules and Orders to be made. Questions &c., for debate. Rules under which Ordinances are to be enacted. Form of enacting Ordinances. Ordinances to be numbered and methodically arranged. Different subjects not to be mixed in same Ordinance. No clause to be introduced foreign to what title of Ordinance imports. Temporary Ordinances. Description of Ordinances not to be asscented to. Provision in cases of urgency for immediate operation of an Ordinance referred to in the Article. Private Ordinances. Ordinances to be sent home duly authenticated. Collection of Ordinances to be published every year. Minutes of proceedings to be kept. Minutes to be sent home twice a year. Maintains prevvious Instructions, dated 21st January, 1846, regulating appeals from Supreme Court. [cf.post Part VII.] Surveys and reservations to be made before waste lands are disposed of, Governor not to purchase lands. Appointments to be provisional and during pleasure. Suspension of officers. 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 but shall exercise his own judgments, entering his reasons on Council Minutes. Blue Book. Governor's absence. Term 'Governor' explained.

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