CO537-6049 — Page 12

E.0.D. No.81 RESTRICTED.

2

LAW OFFICERS' OPINIONS

The Attorney General has conditionally consented to allow the Colonial Office to communicate the Opinions of the Law Officers of the Crown to other Governinent Departments and to Colonial Governors to whom they are of interest. The terms of the Attorney General's consent are as follows:·

"The Law Officers agree that the actual Opinions given by them to the Colonial Office may be communicated to other Departments and to Colonial Governors who may show them to their Law Officers, but not to their Executive Councils, provided that proper precautions are taken to ensure that the Opinions are treated as confidential". Should it be desired that an Executive Council should see an Opinion of the Law Officers, the Attorney General will be prepared to consider a request, but he will be reluctant to give his consent unless the circumstances are exceptional. 2. In certain circumstances it may be necessary, at this Department's discretion, to ask a Governor not to show an Opinion even to his Law Officers and it is therefore essential that the Legal Department should be consulted whenever it is proposed to communicate a Law Officer's opinion to a Colony.

3.

In view of the terms of the Attorney General's consent, every Law Officer's Opinion communicated to another Government Department or to a Colonial Governor must be classified "Confidential" and enclosed in a confidential letter or despatch. Having regard to the terms of Colonial Regulation 145 (4), it should be made quite clear to the Governor to whom he is at liberty to show the Opinion; but he may be informed that there is no objection to his communicating the substance of an Opinion, or even using its actual words, at his discretion, to the Executive Council or to Officers of His Majesty's Service provided that no indication is given of the source of the Opinion.

4.

Paragraph 205 of Part II of the Code of Procedure should be amended to read as

follows:

"Law Officers' Opinions

(a) Provided that the Legal Department is first consulted, copies of Opinions given to the Colonial Office by the Law Officers' of the Crown may be communicated to other Government Departments and to Colonial Governors to whom they are of interest, provided that proper precautions are taken to ensure that the Opinions are treated as confidential.

(b) Copies of Law Officers' Opinions so communicated should be marked "Confidential" and enclosed in a confidential letter or despatch.

(c) A Colonial Governor may normally show a Law Officers' Opinion only to his Law Officers. In view of the provisions of Colonial Regulation 145 (4), this condition should be made clear in the covering despatch on each occasion. The Governor may, however, be informed that there is no objection to his communicating the substance of an Opinion or even using its actual words, at his discretion, to the Executive Council or to Officers of His Majesty's Service, provided that no indication is given of the source of the Opinion.

(a) Should it be desired to let an Executive Council see a Law Officer's Opinion the Attorney General's consent must be sought. That consent will be given only in exceptional circumstances.

...

(e) No communication emanating from the Colonial Office should state that "His Majesty's Government in the United Kingdom are advised that " unless it has first been ascertained that the Attorney General of the day agrees with the view expressed.

\(f)