SI
MR. CLEWLEY
Reference
HKK 14/14
ANNOUNCEMENTS OF APPOINTMENTS IN THE LONDON GAZETTE
52
With reference to your minute of 5 October about the Gazetting of appointments of Hong Kong judges it used, I believe, to be the
practice in the Colonial Office to insert in the London Gazette a notice of appointments made by Governors of dependent territories in pursuance of instructions from the Crown, in the following manner:-
"Her Majesty has been pleased to direct that William Buggins, Esq. should be appointed as Chief Justice of Gondwanaland".
Court
2. The sort of appointments I have in mind are those of Deputy Governors, Chief Justices or other judges of the Supreme (or High Court), appointed members of Executive or Legislative Councils, where the Constitution or some other law provided for the making of the appointment by the Governor in pursuance of Her Pajesty's instructions. A similar practice was followed for Colonial Queen's Counsel.
3. It is in fact invariably the case that such appointments are notified in the official gazette of the territory concerned.
This
is merely a matter of convenience and is not a legal necessity.
That being so, it seems unnecessary that such appointments should
be notified also in the London Gazette.
5. Where the appointment is made directly by the Crown, by
Commission under the Royal Sign Manual and Signet, e.g. Governors.
of dependent territories, Ambassadors, High Commissioners, the
practice is, I believe, still to put a notification in the London
Gazette. This is again merely a matter of convenience and there is
ho legal necessity for gazetting.
16. Copies of this minute go to Mr. Mayall (Protocol and Conference Department) and Mr. Shaw (Dependent Territories General Department)
and Mr. Fifoot for their information.
A.R.R
AR RUSHFORD
DEPUTY LEGAL ADVISER
5 October 1971
DD 737719 557664 500M 2/71 GM 3643/2