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The difficulty in regard to the proposal that "provisional" appointments should be made was pointed out by Mr. Hastings in connection with 24. this reason authority for provisional appointments to the Executive Council (as opposed to definitive appointments for a declared period) was deliberately omitted from the original draft telegram at 27. Unfortunately, however, this point was not referred to in the minutes on 24 although it was mentioned in an earlier minute (see that of 4.3.46) and the word "provisional" was in fact included in the telegram at 27 which eventually issued.

It

The appointments referred to in the telegram at 27 were those of two Chinese and two European Unofficial Members. is clear from the War Office telegram at 4 that the appointment or all but one of the Members of the previous Executive Council had lapsed by the 24th May (the

This one date of our telegram at 27).

Unofficial Member, Sir Robert Kotewall, subsequently resigned but his appointement was due to terminate on the 7th July last.

None of the four appointments approved in 27 were made therefore in respect of vacancies arising out of one or other of the events specified in Clause 3 of the Royal Instructions and I gather therefore from Mr. Peck's ménute above that the appointments of the two Chinese and two Europeans in question are not valid.

? we should now explain this to the Governor, ask whether he has performed Acts as "Governor in Council" which would need validating and suggest that the four Members

/should

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