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He has power to make a provisional appointment, which he has to

refer to Her Majesty and which is subject to disallowance by Her.

It seems to me to follow that the word "temporarily" should be

omitted from the form used in the case of the provisionai

appointments of Members of the Legislative Council.

(c) I, too, agree with Mr. Smith as regards the procedure to be

followed in relation to those provisional appointments.

I would,

however, suggest that in the form he proposes for signification of

approval of a provisional appointment that the word "provisional"

should be inserted between the words "in respect of the" and

"appointment".

(a) In view of what I have stated in the last sentence of sub-

paragraph (b) above, the question of how to deal with "temporary"

appointments no longer arises.

3. In paragraph 5 of your minute of 7th May you have referred

to provisional appointments to the Executive Council. Such

appointments appear to be governed by clauses III and IV of the

Royal Instructions of 1917 which iffer from the present clause

XIV, in that clause III, like the former clauses XIV and XV,

confers upon the Governor power to appoint provisionally a person

to be temporarily an Official or Unofficial Member of the Council

in the place of a Member, other than an ex officio Member,

whose

scat on the Council is vacant, and clause IV, like the former

clauses XIV and XV, requires the Governor to refer to Her Majesty

for Her "confirmation or disallowance" every provisional appointment

The se files

of any person as a Member of the Executive Council.

deal only with Mombership of the Legislative Council. I do not

know what is the form in use in relation to appointments to the

Executive Council; but in view of the wording of clause IV of the

Instructions it would not be incorrect to signify Her Majesty's

"confirmation" of provisional appointments to the Executive

Council: paragraph 6 of my minute of 25th April 1968 applies only

to provisional appointments to the Legislative Council.

(Francis Herchenroder)

8. 5. 1968

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