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PUBLIC RECORD OFFICE

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C.O.88

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17 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-

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seniority, but the selection will be mainly decided by regard to official qualifications. Seniority in any Department is determined by the date of an officer's appointment to the particular grade or class in which he is serving. Seniority as between officers appointed on probation and subsequently confirmed in their appointments is determined by the date of the probationary appointment. Except where otherwise provided at the time of appointment, seniority as between persons selected for appointment from outside the Colony is determined by the date at which they begin to draw any salary of their new office or, where two or more begin to draw such salary on the same date, by the date of the letter from the Colonial Office confirming the selection.

38. Appointments, provisional or permanent, of gentlemen who have been connected with the Governor as private secretaries, Aides-de-Camp or otherwise are open to objection and must not be made without previous reference to the Secretary of State.

29. Whenever an officer of His Majesty's Imperial Forces who is on the half pay or retired list is appointed to a civil situation in any Colony, a report of the appointment specifying the amount of salary and the commencing date for payment thereof is to be made immediately to the Secretary of State for the Colonies, which will be transmitted by him to the proper authorities in this country. Promotions in the Civil Service of such officers are also to be notified forthwith to the Secretary of State for the Colonies for the information of the respective authorities.

§ 5. Discipline.

40. Salaried public officers whose remuneration is fixed on the assumption that their whole time is at the disposal of the Government are prohibited from engaging in trade, or employing themselves in any commercial or agricultural undertaking.

41. All salaried public officers, whether or not their whole time is at the disposal of the Government, are prohibited from directly or indirectly making or holding any local- investment, or being connected with any occupation or undertaking, which might bring their private interests into real or apparent conflict with their public duties, or in any way influence them in the discharge of their duties. In all cases of doubt as to the application of this regulation a public officer is required to submit the case for the Governor's decision.

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42. No public officer on leave of absence is permitted to accept any paid employ- ment without previously obtaining the express sanction of the Secretary of State or, his leave is spent in the Colony, of the Governor.

43. No public officer is to undertake any private agency in any matter connected with the exercise of his public duties.

44. No public officer can be permitted to be the editor of a newspaper or directly or indirectly to take part in the management of it. He may not contribute anonymously to any newspaper in the Colony or elsewhere; nor may he write on questions which can properly be called political or administrative, though he may furnish signed articles upon subjects of general interest.

45. No public officer whether on duty or on leave of absence is to allow himself to be interviewed on questions of public policy or on matters affecting the defence and military resources of any British possession.

46. Governors, Lieutenant-Governors, and all other servants of the Crown in a Colony are prohibited during the continuance of their service in the Colony from receiving valuable presents (other than the ordinary gifts of personal friends), whether in the shape of money, goods, free passages or other personal benefits, and from giving such presents.

This regulation applies not only to the officers themselves, but also to their families, and officers will be held responsible for its observance by their families. It is not intended to apply to cases of remuneration for special services rendered and paid for with the consent of the Government. The regulation may be relaxed upon an officer's final departure from the service of the Colony, but only with the special permission of the Secretary of State previously sought and obtained.

Money which has been subscribed with a view of marking public approbation of an officer's conduct may be dedicated to objects of general utility and connected with the name of the person who has merited such a proof of the general esteem.

47. Presents from kings, chiefs or other members of the native population in or neighbouring to the Colouy, which cannot be refused without giving offence, will be handed over to the Government.

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When presents are exchanged between Governors or other officers acting on behalf of the Colonial Government in ceremonial intercourse with native kings, chiefs, or others, the presents received will be handed over to the Government, and any return presents will be given at the government expense.

48. Governors will not without special permission accept or forward any articles for presentation to His Majesty.

49. Holders of patent offices may be removed from such offices by the Governor and Council under the second section of the Act 22 Geo. 3, c. 75, but care must be taken that the officer is heard after being apprised of the charge against him, and it is convenient that the course prescribed in case of suspension should be pursued in any proceedings for removal. Against any such removal an appeal lies to His Majesty in Council, which should be prosecuted like any other appeal.

50. Every other public officer holds office subject to the pleasure of the Crown, and the pleasure of the Crown that he should no longer hold it may be signified through the Secretary of State, in which case no special formalities are required.

51. An officer who has not been appointed by virtue of a Warrant from the Crown, and whose pensionable emoluments do not exceed £100 a year, may be dismissed by the Governor, provided that in every such case the grounds of intended dismissal are definitely stated in writing, and communicated to the officer in order that he may have full opportunity of exculpating himself, and that the matter is investigated by the Governor with the aid of the head of the department.

In lieu of dismissal the Governor may remove the officer to an office of lower rank in the service, or may require him to serve in his original office at a reduced salary, either permanently or for a stated period, or may deduct a portion of salary due, or about to become due, to the officer. Such dismissal or other punishment will not require the confirmation of the Secretary of State, but any memorial from the dismissed officer must be forwarded to the Secretary of State without delay with a short statement of the grounds of dismissal or other punishinent.

52. Notwithstanding the above provisions, if the Governor considers that any such officer should be removed on grounds of general inefficiency, he must call for a full report from the heads of the departments in which the officer has served; and, if satisfied after considering that report that it is necessary in the interests of the public service, he may remove the officer. In every such case the question of pension will be dealt with under the laws or regulations of the Colony.

53. In the case of any officer whose pensionable emoluments exceed £100 a year, the Governor may suspend him from the exercise of his office and from the enjoyment of his salary, in which case the following regulations (54 to 71) must be strictly observed, unless the mode of suspension is otherwise provided for by local law.

54. The Governor shall signify to the officer, by a statement in writing, the grounds of the intended suspension, and shall call upon him to state in writing before a day to be specified (which day must allow a reasonable interval for the purpose) any grounds upon which he relies to exculpate himself.

55. If the officer does not furnish such statement within the time fixed by the Governor, or if he fails to exculpate himself to the satisfaction of the Governor, the Governor shall cause the officer to be informed that on a specified day the question of his suspension will be brought before the Executive Council, and that he will be allowed, and, if the Council so determine, required to appear before the Council and defend himself orally.

56. For the purpose of the enquiry the Governor will appoint a Committee consisting of the Attorney-General as chairman and two other members of the Executive Council. If the head of the officer's department is a member of the Council, he will be one of the members of the Committee.

57. If witnesses are examined by the Committee, the officer must be allowed the opportunity of being present and of putting questions on his own behalf. The officer must also be given a copy of any documentary evidence that is to be used against him, and that has not been already furnished to him.

58. The Council will not itself hear witnesses unless under special circumstances and at its own discretion; but if upon considering the report of the Committee the Governor in Council should consider that the enquiry ought to be amplified in any respect, he may refer any point back to the Committee for further evidence if necessary and then decide upon their report.

59. If in the course of the inquiry further grounds of suspension are disclosed, the Governor, if he thinks fit to proceed.upon such grounds, shall furnish the officer with a