Reference.....
CONFIDENTIAL
Mr Rushford
1.
I attach a draft reply to the Governor's letter to me of 15 March, also attached. I have discussed the principle with Mr Youde and would propose to clear it with Sir D Watson. I would however be grateful if you could first consider the legal implications, particularly those on page 3 of the Governor's letter. Like him I do not see any overriding objection to the sensible course which he proposes; but I would be grateful for your confirmation that you agree.
ACSL
A C Stuart
Hong Kong & Indian Ocean
Dept.
26 March 1974
Mr Stuart (Hong Kong & Indian Ocean Dept)
HONG KONG: ACTING GOVERNOR
1. The position when the Governor is absent from the Colony is governed by Articles XVII and XVIIA of the Letters Patent.
2. It is open to the Governor to appoint the substantive Colonial Secretary to be his Deputy during short absences in which case the Colonial Secretary could continue to perform the functions of his offer and there would be no occasion for an Acting Colonial Secretary. I should not expect the Governor to invoke Article XVIIA if he thought his absence was likely to exceed 3 or 4 weeks.
3. If no Deputy is appointed under Article XVIIA and if no person has been designated under Article XVII(1) (a) of the Letters Patent, then under Article XVII(1)(b) the person who is discharging the functions of the office of Colonial Secretary must also discharge the functions of the office of Governor. In this situation there is no scope for the appointment of an acting Colonial Secretary.
CONFIDENTIAL
14.
If
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