Page:Hong Kong Letters Patent 1917 to 1995.pdf/99



ARTICLE XIV – Governor empowered to appoint Judges and other public officers
* (1) The Governor may constitute and appoint such Judges, Justices of the Peace and other public officers as may be lawfully appointed, all of whom shall, unless otherwise provided by law, hold their offices during Our pleasure. (Replaced on February 1971. Amended on 22 May 1991)

(2) The powers conferred on the Governor by this Article may, save in the case of the office of judge of the Supreme Court or judge of the District Court or the office of Chief Secretary, Attorney General or Financial Secretary and subject to such conditions and restrictions (if any) as the Governor may specify, be exercised on behalf of the Governor by any person authorised, whether by name or by reference to an office, to exercise those powers by the Governor. Any such authorisation, condition or restriction shall be notified in the Hong Kong Government Gazette. (Added on 22 May 1991)

(* The Hong Kong Letters Patent 1991 (No. 1), published as L.N. 201 of 1991, contain (inter alia) the following provision: "2(2) No appointment made to the public service of Hong Kong before the coming into operation of the Hong Kong Letters Patent 1991 (No. 1) by a person to whom a power of appointment conferred under Article XIV of the principal Letters Patent was purportedly delegated under that Article shall be called in question on the ground that the appointment was not made in accordance with Article XIV of the principal Letters Patent.")

ARTICLE XIVA – Concurrent appointments
(1) When the holder of the Office of Governor or of any office constituted under Article XIV of these Letters Patent is on leave of absence pending relinquishment of his office, it shall be lawful for another person to be appointed substantively to the same office.

(2) When two or more persons are holding the same office by reason of an appointment made pursuant to paragraph (1) of this Article, then for the purposes of Articles XVII and XVIIA of these Letters Patent and for the purpose of any function conferred upon the holder of that office, the person last appointed to the office shall be deemed to be the holder of the office. (Added on 1 March 1955)

ARTICLE XV – Grant of pardon. Remission of fines. Proviso. Banishment prohibited. Exception. Political offences
When any crime or offence has 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 on Our behalf, grant a pardon to any accomplice in such crime or offence who shall give such information as shall