(b) In clause XV of the same Instructions, which dealt only
with provisional appointments in place of Unofficial Members
"The Governor shall, without delay, report to Us for Our
confirmation or disallowance, to be signified through one of
our Principal Secretaries of State, every provisional
appointment of any person as an Unofficial Member of the
Legislative Council."
(c) In clause XIV of the Instructions, in the form in which
it appeared in the Additional Instruction of 15 November 1928,
and in which were merged the provisions of clauses XIV and XV
of the Instructions of 1917, so that the new clause XIV dealt
with provisional appointments in place of Official and
Unofficial Members
"The Governor shall, without delay, report to Us, for
Our confirmation or disallowance, through one of our
Principal Secretaries of State, every provisional
appointment of any person as an Official or Unofficial
Member of the Legislative Council."
Clauses XIV and XV of the Instructions of 1917, and clause XIV
in the form in which it appeared in the Additional Instructions of
1928 also contain a provision to the effect that every person
provisionally appointed as a Member of the Legislative Council
under those clauses should forthwith cease to be a Member of the
Council if his appointment was disallowed "by Us".
5.
It will be seen that the words "for Our confirmation or
disallowance" which occurred in the predecessors of the last
paragraph of the present clause XIV of the Instructions have been
omitted from the latter. I understand that the point raised is
whether the effect of this omission is that signification
of Her Majesty's "confirmation" of those provisional appointments
is no longer required.
6.
In the light of the history of that provision, which I have
attempted to describe above, I think that, in strictness,
signification of Her Majesty's "confirmation" of such appointments
/ is