Sir,
You call attention to the fact that the appointment of Members of Council is made by Royal Warrant. The principle underlying this is a very clear one, but I believe it is strictly adhered to because the Queen, on the advice of Her Government, makes a formal appointment.
The Instructions given by the Governor make a formal appointment and the Revenue makes a final appointment. I believe that the Colonial Office would object to the faces of the Iron Spiral Order commissioning Members of Council in various capacities.
& that in his Acting appointment he is vested with the powers conferred by a Warrant for confirming a former appointment.
The words "constituted" and "allover" are however used in the Charter of Hong Kong.
It is a point worth noting that a want of precision helps in the interpretation of the Instruments. I, the Attorney General, have been considering the practical effect of adding the member of the Council by one Executive Council at a time. I think that such an occasion may occur. Such an addition, if it can be so called, makes it necessary to examine the Instructions and the instruments constituting the Leg Council.
The Warrant is couched in similar terms.
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