TOP SECRET
Reference........
RECEIVED IN
REGISTRY Ns.51
17 MAL 1971
2
Mr. Laird (Hong Kong Department K 246)
1.
HKK 10/10
Mr. Rushford is away from the Office so I am dealing with this.
2.
Σ.
At common law, Crown appointments determining on the death of the Sovereign, and there have been a series of statutes designed to reverse that position. The Demise of the Crown Act 1901 provides "The holding of any office under the Crown, whether within or without His Majesty's dominions, shall not be affected, nor shall any fresh appoint- ment there to be rendered necessary, by the demise of the Crown."
3. The Commander did not hold an office under the dormant Commission at the death of King George VI, but the Commission appointed him to such office, even though the appointment had not taken effect. The first part of the passage quoted from the Act, i.e. "the holding of an office", does not therefore apply. The question is whether the second part, namely "nor shall any fresh appointment thereto be rendered necessary", apply.
4.
un
On the one hand it may be argued that the reference to a fresh appointment was merely intended to perfect the provision relating to the holding of the office. On the other hand, it could be argued that it is necessary to perfect such a straight forward provision and, accordingly, the reference to a fresh appointment would include a reference to an appointment which had not, at the time of the death of the Sovereign, taken effect. These arguments are pretty equally balanced and it would be unsafe to disregard the latter. Accordingly, I think we should act on the basis that the dormant Commission signed by King George VI is still effective.
5. As to the manner of revocation, I think the appropriate steps are: (a) advice to the Queen that the Commission be terminated and (b) notification by the Secretary of State to the Governor and the Commander on the lines "I have it in command from Her Majesty The Queen to inform you
In Gaming да and the now prepare
iss.
ргерал
a fulmina delom in and
u.
мятчилик кў D.C. bedecked
21 January 1971
thai
Gurst (with
しん
ら
C
Telin
I
SECRET
Lund fork.
PRN Fifoot Legal Advisers
the state). [N??,