425
PUBLE RECORD OFFICE
गय
Reference :-
C.O. 885
8
RECORD OFFICE, LONDON
THOUT PERMISSION OF THE LIGHT PHOTOGRAPH-NOT TO RODUCED PHOTOGRAPHIC-
?
8
The account which I have given of these rules relating to land ownership is no doubt very in- complete, but it would not be possible to make it exhaustive without a circular to Colonies.
I now return to the circular of 17th December, 1864 (see p. 2), permitting Civil Servants to accept directorships under certain conditions.
scope
See Des-
patch on Jamaica,
10272/01.
British Guiana, 13415,91.
Minutes on
13145/78. 5924/80.
British Guiana,
6825/95.
It was not called in question till 1880; indeed, Jamaica,
of per- its had been widened by the grant mission to two officials in Jamaica to join the board of a building society of a semi-philan- thropic nature. A report from the Governor that a third clerk had received permission, led to reconsideration and the circular of 9th Septem- Jamaica, 12374/80. ber, 1880, giving instructions that public servants, whose remuneration was fixed on the assumption that their whole time is at the disposal of the Government, should not be allowed to become directors of public companies or associations. Colonial Regulation 77, which seems to date from 1867, remained unaltered and unqualified.
It was decided immediately afterwards, on an Straits, application from the Straits Settlements, that a 22094,81. medical officer with private practice might hold a directorship which would not interfere with his duties to Government. This was merely a con. tinuation of previous practice before the issue of the circular. Similar interpretation had been given to C.R. 77. For instance, in 1879 the Harbour Master of St. Lucia was allowed to hold St. Lucia, various agencies not connected with his work. 8541/79. Later, a District Registrar in Bermuda, not giving Bermuda, the whole of bis time to the Government, was 10619/83. allowed to hold a shipping agency.
The same principle has been repeatedly upheld 1619/97. since, usually with reference to medical officers with private practice. It is laid down in a despatch to British Guiana of 1897, that in such cases "the Governor is at liberty to grant "permission where he is satisfied that such "employment will not interfere with their "official duties, or place them in a position "which can in any way affect their free and independent discharge of their duties." The point of the proviso was made evident four. years later by a strong expression of opinion that it was undesirable for any Government medical officer to hold any interest in planta- tions to which indentured immigrants were assigned. In difficult cases, such as that of
the Attorney-General of St. Lucia, who was St. Lucia, also managing director of a sugar factory, the 38078/02. Governor must decide.
There has been a considerable amount of cor- respondence, chiefly West Indian, on possible exceptions to the rule, but it has been strictly interpreted, except in the case of undertakings, for the exclusive benefit of the public service, such as Widow's and Orphan's Pension Funds,
Gibraltar,
1698/91.
Mauritius, 18537/93.
Hong Kong, 6895/95.
Jamaica, 4919/94.
9
Civil Service Cooperative Stores, or Mutual Assurance Companies. There are, however,
two remarkable exceptions.
In 1891, Mr. Vyle, Government Electrician of British Guiana, was granted permission to join the Board of the British Guiana Electric Light- ing and Power Company on the plea that the success of the Company was a matter of public importance. A precedent, which I have not traced, is referred to by the Governor. The case was considered exceptional.
In the same year permission was. given to Mr. Albert Porral of the Gibraltar Crown Lands Department to undertake the joint managership of the local branch of the Anglo-Egyptian Bank as an incident to the administration of a trust estate. Although it was the only local bank it was decided to allow this arrangement to con- tinue, as it was found to be impossible to relieve Mr. Porral of the duty without injury to those for whom he was trustee. But the case was treated as wholly exceptional, and it is not likely that such a remarkable dilemma will recur.
It has been decided that if a native official, allowed to cultivate land, erects a factory to work up the product, he is "trading"; but the decision whether such trading interfered with official work was left to the Governor.
It has also been decided that while a public official may take out a patent he must sell the rights, but may not sell or finance it himself or through an agent.
Ownerships of land, &c., by Governors has been dealt with on separate lines. An early prohibition against purchase of Crown Lands by Governors was embodied in Royal Instructions by circular of 1st June, 1868. The only case I know in which permission to purchase has Leewards, been granted occurred in Dominica, where the 16479/00. Administrator was allowed to buy a small block of Crown Land for experimental cultivation. With regard to investment in other land, opinions are contradictory. Sir E. Wingfield considered that the prohibition affecting Crown Lands might imply permission to purchase other property, and there can be no doubt that Governors have done so freely. The rules Leewards, applicable to ordinary public servants (including the circular of 1885) do not apply to Governors, so that the request that Sir C. Smith (in the Straits Settlements, where special rules were just being made), should get rid of his shares in the Tanjong Pagar Dock Company, and the hint to Sir W. Robinson (in Trinidad, where there were no rules), to abstain from investment in local undertakings were made on purely general grounds. Nothing was done with regard to Sir H. Blake's part ownership of a large property
See Min-
utes on
16479/00.
Straits, 8583/91.
Trinidad, 6032/92,
Jamaica, 4919/94,
13677
B
10
in Jamaica, though it was agreed that his action was indiscreet and that a circular might prove necessary.
The account given above is by no means exhaustive. Some cases are no doubt not noted, some papers cannot be traced, and some refer- We are ences in minutes cannot be verified. not acquainted with the regulations governing Civil Servants in many colonies; and a circular would be required to make certain of their practice. Further enquiry might bring to light additional rules and rulings in this country.
January 28th, 1903.
J. F. N. G.