TNAG-0709-FCO40-875-Control-of-appointments-in-Dependent-Territories-under-Colon-1978 — Page 11

Mr Dale WIAD

Reference

HKA431/8

..

RECEIVED IN RIGSTRY NO. 51

3 1 OCT 1978

41

DESK OFFICER

INDEX

REGISTRY

PA

Action Takes.

CONTROL OF APPOINTMENTS UNDER COLONIAL REGULATION 19 -

ST HELENA

Please see Mrs Gregory's letter to Mr Guy (folio 7) and St Helena telegram number 352 (folio 40). I can see the

reason for leaving out the Legal Adviser, whose job is not directly analogous to that of Attorney-General or Solicitor- General. However I am surprised that the Chief of Police can be appointed on the Governor's personal say-so. I should be grateful for your views and for those of the Governor,

if you should find time to raise the matter with him when he is next

in the Office.

24 October 1978

In St licking

بالله

Nibed

MrG

CODE 18-77

R. RUSHFORD

Mr Green (Through Mr Rushford)

NF GREEN

Hong Kong & General Dept

K270

233.4475

1. Your minute above. That the Chief of Police is appointed by the Governor under the provisions of the Police Ordinance 1975 does not, in my view, prevent the S of S requiring that his prior approval of the proposed candidate be sought and obtained before the Governor makes the appointment. Col Regs an on directions to Governors given by the Crown through the S of S

and, under the provisions of section 1(4) of the St Helena Constitution, any requirement by the S of S under CR 19 requiring his prior approval before certain appointments and promotions are made is binding on the Governor in the exercise of his legal function of appointing and promoting officers either generally under Section 46(2) of the St Helena Constitution, or in particular the appointment of the Chief of Police under the Police Ordinance 1975. In my view, the S of S's directions under CR 19 concerning the prior approval of the appointment/ promotions of the Chief of Police do not derogate the Governor's power to appoint a Chief of Police under the Police Ordinance and see no conflict between CR 19 and the Police Ordinance, is suggested by Aldous in folio (40).

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2. As to the point in (40) concerning the Legal Adviser.

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