PAPER
Mr
Hym
西川
Life
HAK
011/18
CEIVED IN REGNT
18 DEC 1986
TRDEX
Discunt iti I
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CG.STRY
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Action TakeFROM:
Paul Fifoot
9 December 1986
PA
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DATE:
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Dr Wilson
18
12
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I
Acting Chart Secretary. So
HONG KONG:
THE ACTING GOVERNOR
(@)
1. Mr O'Grady, Law Draftsman in Hong Kong, telephoned me this morning to ask me to think about the position of the Acting Governor and what might happen if he were disabled. I did not get the impression that there is a serious worry over this issue. in Hong Kong, but there seems to be some nagging doubts.
2. Under the Letters Patent, in the absence of a dormant Commis- sion or specific appointment, the person lawfully discharging the functions of Chief Secretary becomes Acting Governor. By Article XIX, the term "the Governor" includes every person for the time being administering the government of the Colony. It follows that if the Acting Governor is absent from the Colony for a short period, or a short illness, or otherwise considers that the public interest so requires, he may, just as the Governor may, appoint a Governor's Deputy. So much for limited periods of absence or
disablement.
3.
If there was a more dramatic event which removed the Acting Governor from the scene, the position would again be governed by Article XVII in that the office of Governor would be vacant, but there would, presumably, be a person lawfully discharging the functions of Chief Secretary. It should be noted that he does not have to be the appointed Chief Secretary but can be an Acting Chief Secretary.
4. I went over this briefly with Mr O'Grady and said that I would speak to him more fully when I am in Hong Kong next week.
In my view the succession is assured under Article XVII in the sense that there will not be a void. The problem is whether it would be appropriate for the Acting Chief Secretary to be the automatic successor if anything happened to the Acting Governor.
5. I am not informed who the Acting Chief Secretary is. If it were, for example the substantive Deputy Chief Secretary, would we want him to be a prospective Acting Governor or would we prefer, eg, the Secretary for the Civil Service who is to succeed as sub- stantive Chief Secretary.
6.
If there is a problem here, the way of dealing with it is for the Secretary of State to give instructions pursuant to Article XVII (1)(b) appointing Sir D Akers-Jones Acting Governor and, either by the same instruction or by a separate one, appointing the desig- nated successor in the event that Sir D Akers-Jones is unable to
/perform