CO129-587-5 Signing of routine documents 11-1-1940 - 17-2-1940 — Page 7

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

7

Tanganyika.

Uganda.

Section 17 of the Interpretation and General Clauses Ordinance, Cap. 1 of the 1938 Revised Edition.

Section 18 of this Ordinance is identical'with Section 28A of the Northern Rhodesia Ordinance set out above.

Section 14 of the Interpretation and General Clauses Ordinance, Cap. 87 of the 1935 Revised Edition.

Section 10 of this Oriinance (amended by Ordinance No. 21 of 1938) also provides that,

"10. Where under any Ordinance the Governor is given power to make any appointment, give any directions, issue any order, authorise any thing or matter to be done, grant any exemption, remit any fee or penalty, or exercise any other rower, it shall be sufficient if the exercise of such power by the Governor be signified under the hand or the Chief Secretary to the Government or, in his absence, of the Deputy Chief Secretary.

Provided always that the foregoing provision shall not apply to the power of the Governor to make any rules, or issue any warrants or proclama- tions which shall be made or issued only under the hand of the Governor himself.

The Sierra Leone Interpretation Ordinance, No. 2 of

1.33 makes the same provision as the Kenya Ordinance but

inserts after the word "prescribe" the words "by notice in

the Gazette", and inserts a sentence after "aforesaid" as

follows:-

Provided that no such delegation of powers and/or

duties shall have effect until notified in the Gazette."

Jer Hanford.

Jibrary Legal)

26.6

40.

This seems far a

in alley

for

the Legal

The

Adviser

a. may

Manda

rather then 4.u.

however with

the 1938 amending

above.

Lee

the files containing

ordinances

Ett Howell

76/1/40

referre

t

Page

Page

8 END

age 8

GOVERNMENT HOUSE,

HONG KONG.

11th January, 1940.

My dear (cut.

Notwithstanding Caldecott's and

my efforts to the contrary the Governor of

Hong Kong has far too many routine documents

put up to him for signature and I want to

arrive at some convenient method of delegation.

The Official Signatures Ordinance, No. 37 of

1935 brought some relief but only in the realm

of revenue documents.

In the Straits Settlements there is

a Delegation Ordinance (Cap. I Volume I Laws of

Straits Settlements) under which the Legislative

Council may authorize by resolution delegatory

acts in favour of specific officials, but this

seems to me to be an unnecessary process. Unless

my memory is at fault the African Colonies (Kenya

at any rate) provide for such delegation in the

Interpretation of Clauses Ordinance. If I am

right will you be good enough to quote to me

the relevant section from one of the African

Ordinances?

G.E.J. Gent, Esq., O.B.E., D.S.O., M.C.

ymony crity

под (..

cas. Wathatt

age 8

54040

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