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Legal reports referred to under Peragrah 7.
DELEGATION OF POWERS AMERUNT FROCLAMATION.
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LEGAL ADVISOR'S REPORT.
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The Proclamation is necessary in order to adhere to the original Civil Affairs lan and to the Directive on Civil Affairs to the Command er-in-Chief and the Chief vivil Affairs Officer.
The Delegation of Powers Proclamation published in the Gazette of 1st September, 1945, departed from the above Directives, which had then not been received.
The Proclamation is also necessary for the reasons given in the recitals thereto.
As the Chief Civil Affairs Ufficer is not yet in a position to be responsible for public safety, the Commander-in-Chief has not been asked to make a full delegation; e.g. the power of legislating by Preclama tion is reserved to the Commander-in-Chief or Senior Officer Commanding. It is contemplated however that the Chief Civil Affairs Officer will exercise the powers of the Governor under the Defence Regulations until these are dis pensed with and also the power of amending ordinan ces So as to adapt them to the Civil Affairs Plan.
The Defence Kegulations and the various orders made thereunder are voluminous and most difficult te find. Hercover they are not really applicable to the present conditions. It is hoped therefore to repeal ar suspend them and to make a fresh start under the power to make regulations contained in the Proclamations. This cannot however be done immediately and the Defence Regulations are accordingly kept alive but provis ien Made for conflict.
It will be noted that by Article 8 of the Proclamation the exercise of every power is subject to the directions of the Commander-in-Chief and the Jenior Officer Commanding His Britannic Majesty's Forces. The Commander-in-Chief appreciates this and also that he may at any time revoke the delegation should be consider such action necessary.
I certify that. this is a proper and necessary measure to be enacted in the Colony.
12th September, 1945.
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Colonel, C.A.
Legal Branch.
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