GOVERNORS PREROGATIVE POWERS UNDER ARTICLE XVI ARE LIMITED TO DISCIPLINARY MATTERS AND DO NOT EXTEND TO SUCH NON-DISCIPLINARY MATTERS AS CSR 611 NOR TO SUSPENSION WITHOUT PAY. WE THINK IT
WOULD ALSO SET AT REST DOUBTS WHICH HAVE ARISEN, WITH WHICH
YOU ARE WELL FAMILIAR, AS TO THE EXACT STATUS OF OUR
GOVERNMENT REGULATIONS INCLUDING CSRS. THESE DOUBTS, WE SUGGEST,
HAVE IF ANYTHING BEEN COMPOUNDED BY CONS J.'S DECISION IN THE
DISPENSERS CASE. SEE, E. G., P. 11:
**IN HIS LETTER OF SUSPENSION THE SECRETARY FOR THE CIVIL
SERVICE PURPORTED TO RELY UPON REGULAT 611. THAT WAS AN ERROR SINCE HIS AUTHORITY IS DERIVED FROM THE LETTERS PATENT ́ ́. GIVEN THE KIND OF AMENDMENT WE SEEK, WE WOULD PROPOSE TO ALTER THE PREAMBLE TO THE GOVERNMEN REGULATIONS TO MAKE IT CLEAR THAT THE REGULATIONS ARE SANCTIONED BY THE GOVERNOR ́S POWERS UNDER LETTERS
PATENT. THIS WE CONSIDER WOULD RESOLVE THE EXISTING UNSATIS-
FACTORY SITUATION AND CERTAINLY GIVE THE GOVERNOR OR HIS DELEGATES
NO GREATER POWER THAN IS POSSESSED BY THE MINISTER FOR THE
CIVIL SERVICE, WHILE, OF COURSE, LEAVING HIM SUBJECT TO INSTRUCTIONS THROUGH THE PRINCIPAL SECRETARIES OF STATE UPON
THIS AS UPON ALL OTHER MATTERS.
10. WE ACCORDINGLY SEEK AMENDMENT OF THE LETTERS PATENT OR THE ISSUE OF INSTRUCTIONS PURSUANT TO ARTICLE II AS EARLY AS POSSIBLE AFTER THE APPEAL AT THE END OF OCTOBER, TO
PROVIDE
(A) POWER TO ENABLE ANY PUBLIC OFFICER APPOINTED BY THE GOVERNOR
OR SECRETARY OF STATE (C. F. ANY PERSON HOLDING OFFICE WITHIN
THE COLONY? WHICH WE CONSIDER IS NOWADAYS TOO NARROW) TO BE
SUSPENDED WITHOUT REMUNERATION OR OTHER BENEFITS, WHOLLY
OR PARTIALLY:
(B) AN EXPRESS POWER, ADDITIONAL TO THOSE IN ARTICLE XVI FOR THE
GOVERNOR TO OTHERWISE PROVIDE FOR THE CONDUCT, DUTIES AND
CONDITIONS OF APPOINTMENT AND SERVICE OF PERSONS HOLDING
PUBLIC OFFICE:
(C) POWER FOR THE GOVERNOR TO DELEGATE HIS POWERS UNDER
ARTICLES XIV AND XVI AND UNDER SUB-PARAGRAPH (B) ABOVE.
EXECUTIVE COUNCIL AT ITS MEETING ON 11TH NOVEMBER HAS GIVEN ITS
ADVICE IN SUPPORT OF THESE AMENDMENTS.
CATER
LIMITED
HRGD
LEGAL
ADVISERS
COPIES
་་ག་སད
70
HR GOV OFFICE LONDON
PS/MR RIDLEY
SIRE YOUDE
MR доNALO
CONFIDENTAL