CO885-(16-18) — Page 56

CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

PUBLIC RECORD

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which the emoluments exceed two hundred pounds per annum."

67. When a vacancy occurs in the first or lowest of the three classes last mentioned the Governor, as a general rule, has the absolute

disposal of the appointment, subject only to the condition of reporting every such appointment by the first opportunity.†

68. When a vacancy occurs in the second or middle class, the Governor reports it to the Secretary of State, together with the name and qualifications of the person whom he has appointed to fill it provisionally and intends to fill it finally, which recommendation is almost uniformly followed.

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69. When a vacancy occurs in the third or highest class, the Governor follows the same reporting the vacancy and provisional appointment; but he is distinctly to apprise the object of his choice that he holds the Office in the strictest sense of the word provisionally only until his appointment is confirmed or superseded by His Majesty. He is at liberty also to recommend a candidate for the final appointment, but it must be distinctly understood that the Secretary of State has the power of recommending another instead. In these cases the confirmation or other final appointment takes place in the form already mentioned.

70. It is of course impossible to lay down any general rule for deciding in what cases the recommendation of a Governor will, or will not, be ultimately sanctioned and confirmed by the King; but in general it may be stated, that His Majesty will be advised to regard more favourably appointments which

are in the nature of promotions of meritorious Public Servants, than appointments made in favour

of persons new to the Public Service; and that when any new Office has been created the Governor's recommendation for filling it up will carry with it less weight than in the case of offices which the Governor may In Straits Settlements and Hong Kong the limits are not £100 or £200, or their equivalents, but $1,000 or $2,000 and in Ceylon, Mauritius, and Seychelles, Rs. 1,500 and Rs. 3,000.

† See subsequent Regulations 247 and 218 as to reporting vacancies.—(Circular, 4th August, 1881.)

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PUBLIC RECORD OFFICE

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CHAPTER IV.

§ I. Appointments to Public Offices.

63. The regulations comprised in this Chapter are not intended to apply to Colonies under Responsible Government, in which -appointments to Public Offices are made by the Governor with advice of his Executive Council, and are not authorised or confirmed by any Commission or Warrant from the King.

64. In other Colonies Public Offices are generally granted in the name of His Majesty, and holden during His Majesty's Pleasure. In some cases, however, it is specially provided by law that they shall be granted by the

Governor or by the Governor in Council or by some judicial authority, and in some few cases they are holden during good behaviour.

65. The general rule is, that all Public

Offices of considerable rank, trust, and emolument, should be granted by an Instrument under the Public Seal of the Colony in His

Majesty's name. The appointment may be made either provisionally, when the Instrument is issued under authority of His Majesty's

general instructions and subject to the Royal approval, or absolutely, when the instrument is issued in pursuance of His Majesty's special instructions, which special instructions are conveyed to the Governor through one of His Majesty's Principal Secretaries of State, and. when prescribed by the King's Letters Patent or Instructions, or by local law or other authority in the form of Warrants under the Royal Sign Manual and Signet.

66. The distinction between Offices which are, and Offices which are not, of considerable rank, trust and emolument, being in itself vague and indefinite, has been rendered as precise as the nature of the case admits, by the following distinction. Offices are classed under three heads:-1, those of which the emoluments do not exceed one hundred pounds per annum; 2, those of which the emoluments exceed one hundred and do not exceed two hundred pounds per annum; 3, and those of

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