HWB 1/3
Reference....
inter alia/
Tagged A
y
Senes
ramond
'B'
لله
Mr. Davis
with 46
with
•
Further to our conversation this morning the provisional appointments as Official Members of Legislative Council reported in (45) were presumably made under the authority of clause XIV of Hong Kong Royal Instructions 1917 to 1967 (see Additional Instructions of 30 April 1938) which requires that "the Governor shall, without delay, report to Us, through one of Our Secretaries of State, every provisional appointment of any person as a Member of Legislative Council.' Provisional appointments are not made by "the Governor, in pursuance of Instructions from Us through one of Our Principal Secretaries of State" as definitive appointments under clause XIII of the Instructions (see Additional Instructions of 12 May 1964) must be made. Therefore it seems to me that publication of provisional appointments in the London Gazette is unnecessary. Such appointments have been published in the past in some cases but, I think, they need not have been. That is if the principle is accepted that publication is required only when an appointment has been made "in pursuance of Instructions from Us through one of Our Principal Secretaries of State".
It would seem that when a provisional appointment has been made the only action necessary here is an acknowledgement or an approval of the Governor's report. For a definitive appointment directions must be given to the Governor.
2.
If the Governor of Hong Kong wished to have Alexander and Clark ((b) and (c) of (45)) definitively appointed I would have thought that he would have recommended their appointments to the Secretary of State who would then give H.M.` Instructions under clause XIII of the R.I.s. The Governor would then make the appointments
by "an Instrument under the Public Seal of the Colony" and notify this office accordingly. This procedure was followed when certain appointments were made in 1965 and 1966 - see (1) and (2) and (13) et seg in file FED 99/400/02 (1966/68).
3.
For the above reasons I do not think it necessary that the appointments reported in (45) should be published in the London Gazette.
4.
A folder containing notes on Gazette Notices procedure and relevant Hong Kong Instructions is attached.
23 April 1968
Sir Francis Herckenroder
Mr. Whillock
Klhellerh
hoz recorded correctly the obemas
hoint was
I extrened verbally, except that my
thats
the recommendation of lessss. Alexander and