CODE 18-77
SS 8/78
HKA 431/1
1930
5
HKA431/1
Reference
Mr Rushford
At Jos
en
Legal Advisers
1 Mr Keilt SED Kätt
Your minate at Q. Mr Ruckfards
Pleme comments
Add
overleaf
CONTROL OF APPOINTMENTS UNDER COLONIAL REGULATION 19
..
27/2
ннад
1. For all DTS with the exception of Belize, Bermuda and Hong Kong there is in existence a formal despatch setting out which posts are prescribed under Colonial Regulation 19 as being subject to the approval of the Secretary of State. Copies of the despatches are attached to the front of the file. When these despatches were drafted no particular reference was made to acting appointments and this led to a problem in the Turks and Caicos over the appointment of an acting Chief Secretary (the background is contained in the papers with folio 1).
2.
To avoid similar problems in the future I proposed to WIAD that a further despatch should be sent to DTs making it clear that acting and temporary appointments and promotions do require the Secretary of State's approval in the same way as substantive ones. Mr Duff agreed (folio 2). I therefore sent a minute to the three other interested departments, SAmD (for the Falklands), SED (for Gibraltar) and SPD (for the New Hebrides) (folio 3). SAMD agree that a further despatch would be useful. SPD feel that with independence for the New Hebrides so close that there is no point. SED have raised the point in Mr Keith's minute of 22 January (folio 4) that the Gibraltar Constitution empowers the Governor to appoint substitutes for all senior posts without reference. I should be grateful for your views as to whether in these circumstances a despatch on the lines of
to Gibraltar
the attached draft would be in order. If it would not, I should be grateful if you would let me know whether there are similar provisions in the Constitutions of the other DTs which would make the sending of despatches on this subject
unnecessary.
A
26 February 1980
NF GREEN
HKGD
233.4475