553
168
Governor to act in reserved matters without consulting Ministers if he sees fit, provided that Ministers are notified of any directions given to the Departments under their charge as a result of such action. Special powers given the Governor by Clause 119 of the draft Order in Council would be retained. As regards question 1 raised in your telegram, it was not intended to extend the collective responsibility of Ministers beyond the recommendations of the Special Commission and I approve of provision being made to make it clear that the Governor will normally act on the advice of the Minister concerned, subject to a proviso that the Governor may at his discretion take the advice of the Board of Ministers on any question and with special provision for the duties of the Board of Ministers in connection with the Estimates in acccordance with the proposals of the Special Commission. Consequential amendments will be required in Clause 100 of draft Order in Council.-PASSFIELD.
169
has the power of appointment, promotion and dismissal of public officers and that he may in certain cases delegate the powers. The Council assume that the definition is intended to apply to persons holding a civil appointment, and I am to request that if this is not already clear you will make such amendments as are necessary to ensure that military personnel are excluded.
5. In conclusion I am to state that the Council understand that it is not the intention to restrict the present powers of the Governor in matters affecting defence or the interests of the military forces, and that furthermore the Governor will have no power to assent, without previous consultation with the Home Government, to any Bill affecting questions of defence or any Bill which purports to amend the Defence Contribution Ordinance (No. 2 of 1898).
6. A copy of this letter is being sent to the Admiralty and Air Ministry.
I am, &c.,
J. B. CROSLAND.
C. 73230/7/30 [No. 5].
(Confidential.)
No. 123.
ADMIRALTY to COLONIAL OFFICE.
SIR,
Admiralty, S.W.1, 3rd April, 1930. WITH reference to your letter of the 17th February last,* I am commanded by My Lords Commissioners of the Admiralty to acquaint you, for the information of the Secretary of State for the Colonies that They do not wish to offer any observations on the draft Order in Council to provide for the new Constitution of Ceylon; or on the Letters Patent and Royal Instructions consequential thereon.
C. 73230/7/30 [No. 6].
(Confidential.)
No. 124.
I am, &c.,
ALEX. FLINT.
WAR OFFICE to COLONIAL OFFICE.
[Answered by No. 126.]
ŞIR,
The War Office, London, S.W.1, 17th April, 1930. 1. In reply to your letter of 17th February,† transmitting drafts of an Order in Council to provide for the new Constitution of Ceylon, and the conse- quential Letters Patent and Royal Instructions, I am commanded by the Army Council to acquaint you, for the information of Lord Passfield, that they have the following observations to offer.
2. In view of the fact that the discipline of the Army in Ceylon, as in other Colonies, is governed by the Army Act, the Council are not clear as to the effect of Clause 109 (1) of the draft Order in Council, which states that the Governor may act in opposition to the advice of the Board of Ministers in matters relating to "the discipline or control of naval, military or air forces." If, however, this Clause is intended to imply that the Governor, on the advice of the Board of Ministers, may interfere with the discipline of the Forces or that the Army Act may be amended, so far as the troops in Ceylon are concerned, by the local Legislature, the Council are unable to accept this implication; if, however, this implication is not intended, I am to request that the position may be made quite clear to all concerned.
3. Paragraph IV (9 and 10) of the Royal Instructions prohibits the Governor from assenting to Bills interfering with the discipline or control of the military forces or Bills relating to defence, &c., except in cases of emergency and then only if not repugnant to the law of England. The Council assume that any Bill calculated to interfere with the discipline of the troops would be regarded as repugnant to the law of England and therefore ultra rires, as the discipline of Imperial Forces in Ceylon, as elsewhere, is regulated by the Army Act. The Council would be glad of an assurance on this point.
4. The Council observe that the definition of " public officer in Clause 3 (1) (a) of the draft Order in Council would appear to cover military officers and other ranks and that under Clause 131 and paragraph X-XII of the Royal Instructions the Governor
+ C. 63230/29 [No. 24]: not printed.
* C. 63230 29 [No. 22] ; not printed.
C. 73230/7/30 [No. 8].
(Confidential.)
SIR,
2.
No. 125.
AIR MINISTRY to COLONIAL OFFICE. [Answered by No. 127.]
Air Ministry, London, W.C.2, 10th May, 1930. WITH reference to Colonial Office letter of the 17th February,* forwarding the draft Order in Council providing for the new Constitution of Ceylon, with copies of the draft Letters Patent and Royal Instructions consequential thereon, I am com- manded by the Air Council to state, for the information of the Secretary of State for the Colonies, that they have the following observations to offer upon the drafts.
The Council assume that the proviso to Clause IV of the Royal Instructions empowering the Governor, exceptionally, to assent to a Bill interfering with the discipline or control of His Majesty's land, sea, or air forces when he is satisfied that an urgent necessity exists for such a Bill, would not enable a change to be made in the Air Force Act in view of the limiting words in the same clause, unless the same shall be repugnant to the law of England." The Council would be glad to be informed whether this assumption is correct.
3. They note that under Clause VI of the Letters Patent the Governor is empowered, subject to the conditions there set forth, to make grants and dispositions of lands, but it is not clear whether this would enable land to be expropriated for defence purposes, and as it is conceivable that the compulsory acquisition of land for aero- dromes or stations for the Royal Air Force may at some time be necessary, the Council would be glad to be informed what the position is in this respect. They are also not clear whether provision is made (if these instruments are the proper place for making it) for the rendering to the Royal Air Force of assistance that may be required from the civil authorities in an emergency, e.g., as regards requisition of supplies or accommodation or the use of transport.
4. The Council assume that it is not necessary to legislate in the Order in Council for exemption for the Royal Air Force from local taxes, and that exemption from Customs duties would still be provided for by separate Ordinance, as in Ordinance No. 3 of 1927 (see Colonial Office letter of 30th August, 1927.† They assume that Clause IV (7) of the Royal Instructions would not prevent such relief or exemption from being accorded.
Copies of this letter are being sent to the Admiralty and the War Office.
I am, &c.,
J. A. WEBSTER.
* C. 63230/29 [No. 23]: not printed.
+ C:31850/27: not printed.
PUBLIC RECORD OFFICE
Reference :-
TEC.O.882/11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
170
No comments yet.
Private notes are available after approval.