•
of the new B&P March
1990 Eddin
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Mr Stone, le Good
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So, pertions to 7/1/L
the Queen which
4/2
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no further than the AVS. AND And The new DSP (March 1990 Editch reflects the procedure sham in
text of
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Ms Coglin HKD
Good.
Gary,pls
• copy 15 Mr. Holland,
WIAD!
ii. file HKC 236/3 Pehh.
FROM: Miss S Brooks
Legal Counsellor K199 270 3069
DATE: 15 February 1991
Gili coglin (1872
PETITIONS TO THE QUEEN: DSP VOLUME 8 ON DEPENDENT TERRITORIES
1. I looked earlier at the question of whether petitions which are addressed to the Queen but which are trivial or minor must be forwarded to the Palace (in the context of the Hung Kai Ming case). I am convinced such petitions should not be forwarded.
2.
DSP Vol 8, chapter 9, paragraph 1 makes it clear that petitions to the Queen should be sent to the Officer Administering the Government of a territory for transmission to the Secretary of State. Some petitions will not follow this procedure and will be sent direct to the Palace (see Annex 9.2 of DSP Vol 8). Paragraph 4 refers to the procedure for petitions addressed to the Secretary of State or referred to him (but addressed to the Queen). DSP 9.4.1 refers to what is to be done in normal circumstances; ie other than in the cases which are minor or trivial or where the right to petition is being exploited perversely. The procedure for these normal petitions is set out in paragraphs 9.5 to 9.9 and in Annexes 9.1 to 9.4. to Vol 8. Paragraph 9.5.4 sets out the way in which a normal petition which is from a person in a dependent territory other than an alien are submitted to the Queen by a formal submission signed by the Secretary of State in the more important cases or by note from the Private Secretary to the Queen's Private Secretary for the less important cases. Paragraph 9.5.5 deals with a petition which is not minor, trivial or perverse but which the Secretary of State considers should not be entertained.
3.
What I have said above is consistent with Annexes 9.1 and 9.3. Annex 9.1 sets out the correct method for dealing with a
petition to the Queen in flow-chart form. It is clear that if the geographical department and its legal adviser decide that the petition should be denied because it is minor, trivial or perverse then it will go to the AUSS recommending that it be turned down. In a normal case however, a petition recommended for denial would be sent to the Private Office/Secretary of State with a draft submission or letter to the Palace. All this is consistent with Annex 9.3 which refers back to paragraph 9.5.2 and sets out the sequence for dealing with a petition to the Queen sent to the Secretary of State by a person not in a dependent territory but in Britain about policy, events or affairs in a dependent territory.
/4.