PUBLIC RECORD OFFICE
Reference :-
C.O.88
17 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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He has the power, in the King's name, of issuing writs for the election of Representative Assemblies and Councils, and of convoking proroguing and dissolving legislative bodies.
He appoints suspends and dismisses public servants in the Colony. He is empowered to administer the appointed oaths to all persons, in office or not, whenever he may think fit, and particularly the oath of allegiance provided by 31 & 32 Vict. c. 72, s. 2.
He has the power of granting or withholding his assent to any Bills which may be passed by legislative bodies, but he is required, in the case of certain Bills, to reserve them for the signification of His Majesty's pleasure or to assent to them only if they contain a clause suspending their operation until they are confirmed by the Crown.
He is on no account to absent himself from the Colony without His Majesty's permission.
§3. Councils and Assemblies.
14. Legislative Councils nominated by the Crown generally consist in part of the principal executive officers of the Colony and in part of private persons appointed by name; the former being termed Official, and the latter Unofficial Members.
15. Legislative Councils which are partly elected, generally consist of Official and Nominated Members, appointed as in the preceding regulation, and of members elected by the inhabitants of the Colony.
16. The numbers respectively of Official, Unofficial or Nominated, and Elected Members are prescribed by the Letters Patent and Instructions to Governors.
17. When a vacancy occurs by the death, resignation, or otherwise, of a Legislative Councillor appointed by name, the Governor may in general appoint provisionally to such vacancy until His Majesty's pleasure be known.
18. Every law, vote or resolution the object or effect of which may be to dispose of or charge public revenue must be proposed by the Governor or with his consent.
19. A law comes into operation immediately on receiving the Governor's assent, unless some other date is prescribed by the law itself. The Crown, however, retains power to disallow it, and if this power be exercised the law ceases to have operation from the date at which notification of such disallowance is published in the Colony.
20. His Majesty's pleasure with regard to a law is signified through a Secretary of State, or by Order in Council where the constitution of a Colony so prescribes.
21. A law passed in a particular year by a Colonial Legislature should, unless reserved for the signification of His Majesty's pleasure, receive the Governor's assent in that year. In the absence of any legal provision to the contrary, it should be dated as of the day on which assent is given and numbered as of the year in which it is passed, whether it comes into operation immediately upon enactment or contains a provision postponing its operation to some future date. A law not assented to by the Governor but reserved by him for the signification of His Majesty's pleasure should be dated as of the day, and numbered as of the year, in which it is brought into force by public notification in the Colony.
22. In Colonies possessing responsible government the Governor is empowered to appoint and remove members of the Executive Council, it being understood that Councillors who have lost the confidence of the local legislature will tender their resignation to the Governor or discontinue the practical exercise of their functions in analogy with the usage prevailing in the United Kingdom.
23. In Crown Colonies the Executive Council consists of certain principal officers of the Government with or without the addition of unofficial members. These Executive Councillors are either the holders of offices specified in the Governor's instructions or persons appointed in pursuance either of a Royal Warrant or of instructions from the Crown signified through a Secretary of State. The Governor may in cases of vacancies make provisional appointments, subject to the confirmation of the Crown. Members of the Executive Council can be dismissed by the Crown alone, but in case of urgency may be suspended by the Governor, who must however at once report fully to the Secretary of State the grounds of his action.
24. In Crown Colonies the Executive Council has the dirty of assisting the Governor with its advice, and the Governor is required by his instructions to consult the Council in all matters of importance, except in cases of urgency (when it is his duty at the earliest practicable period to communicate to the Council the measures which he may have adopted
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with the reasons therefor), and in cases of such a nature that in his judgment the King's service would sustain material prejudice by consulting the Council thereon. Unless other- wise provided in any particular case by law or by his instructions, the Governor may act in opposition to the advice of the Council, but he is, then required to report the reasons for his action to the Secretary of State by the first convenient opportunity.
CHAPTER II.—OFFICERS.
25. The regulations in chapter II. do not apply to any officer in a Colony under responsible government except to the Governor in his relation to the Crown.
§ 1. Appointments.
26. The regulations as to appointment to public offices are directions given by the Crown to the Governors of Crown Colonies for general guidance and do not constitute a contract between the Crown and its servants.
27. Appointments to public offices are made by authority of His Majesty, and such offices as a rule are held during His Majesty's pleasure but in some few cases are held during good behaviour.
28. The general rule is that appointments to public offices are made by letter signed by the Governor or written by his direction, except in the case of Judges of the Supreme Court who are appointed in His Majesty's name by an instrument under the Public Seal of the Colony. This rule applies equally whether the appointments be provisional or definitive.
29. Public offices are divided into three classes :-
Class I. Those of which the initial emoluments do not exceed one hundred
pounds per annum.
Class II. Those of which the initial emoluments exceed one hundred and do
not exceed three hundred pounds per annum.
Class III. Those of which the initial emoluments exceed three hundred pounds
per annum.
30. When a vacancy occurs in Class I the Governor makes the appointment and reports it to the Secretary of State in the next quarterly return as prescribed by regu- lation 397.
31. When a vacancy occurs in Class II the Governor reports it immediately to the Secretary of State together with the name and qualifications of the person, if any, whom he recommends for appointment. The Governor's recommendation is usually followed.
32. The powers of the Governor under the two preceding regulations do not extend- to the appointment or provisional appointment of a person not resident in the Colony.
33. When a vacancy occurs in Class III the Governor follows the same course as to reporting it, but he is distinctly to inform any person whom he may provisionally appoint that he holds the office only until his appointment is confirmed or superseded under directions from the Secretary of State. The Governor may recommend à candi- date for the final appointment but it must be clearly understood that the Secretary of State may select another candidate.
3-4. In reporting a vacancy in Class III or in reporting the creation of any office in that class, the Governor will furnish in duplicate, in the form given in appendix 1, full particulars respecting the nature and incidents of the office.
35. In the selection of candidates for vacancies in Classes II and III, the claims of meritorious public officers, whether in the service of the same Colony or of some other Colony, will generally take precedence of those of persons new to the public service. In the case of the chief judicial and chief fiscal offices local connection with the Colony by birth, family ties or otherwise will usually be considered to render a candidate ineligible.
36. The Governor will make annually a confidential report on the qualifications of persons in the public service who apply or are fitted for promotion otherwise than in their own department whether in the Colony or elsewhere; and on all officers on the active list of the Army seconded for employment in the Colony.
The Governor will make a similar report in the case of persons resident in the Colony when such persons apply through him to the Secretary of State for employment in the public service.
37. The claims of candidates for promotion will be considered in order of their