MANAGEMENT IN CONFIDENCE
Foreign and Commonwealth Office London SW1A 2AH
RJ O'Neill Esq CMG
GIBRALTAR
Telephone 01-
233 4377
Your reference
25
Our reference
HKG 025/2
Date 13 September 1979
COLONIAL REGULATIONS
1.
Your letter of 3 September and Hartshorne's of 29 August (5443) make similar points.
2. There has been some opposition here to my plan to revise Colonial Regulations, and since I leave this desk at the beginning of October, they will have to remain obsolete for a little longer.
3.
However, I would point out that they are directions (and not instructions) issued for general guidance to be applied so far as consistent with the constitution. Chapter VII of the Gibraltar Constitution Order gives the Governor wider powers than CRs, so perhaps the time has come for you to prepare your own Government Staff Regulations. CRs were, of course, originally designed to cover expatriate public service officers and their extension wholesale to local employees is perhaps rather like applying DS Regulations to LE staff.
4. A word of caution on the ACTSS claim - in the absence of any detail we cannot give legal advice now but Roberts-Wray in Commonwealth & Colonial Law says "it is hardly possible to argue (except by special pleading) that they constitute a contract between the Crown and its employees".
HKG.025/2
Nur ung nylag пуша
A E Clarke
Hong Kong & General Department
MANAGEMENT IN CONFIDENCE