TNAG-0709-FCO40-875-Control-of-appointments-in-Dependent-Territories-under-Colon-1978 — Page 8

RESTRICTED

FM FC0 161115Z NOV

LAST

REF.

(40)

NEXT

REF.

TO ROUTINE ST HELENA

TELEGRAM NUMBER 323 OF 16 NOVEMBER

HKA 431/8

RECEIVED IN REGISTRY NO. 51 16 NOV 1978

RESTALTETER

INDEX

دله

PA

PESTRY

Ø

43

YOUR TELMO 352: CONTROL OF APPOINTMENTS UNDER CR19.

1. THE HOLDER OF THE POST OF LEGAL ADVISER, ST HELENA,

CONSTITUTES THE ONLY OFFICIAL LEGAL ADVICE AVAILABLE TO

THE ST HELENA GOVERNMENT AND THUS IN OUR VIEW THE APPOINTMENT

IS OF SUFFICIENT IMPORTANCE TO BE DESIGNATED FOR THE PURPOSE

OF CR19.

2. DESIGNATION FOR CR19 OF THE POST OF CHIEF OF POLICE IS NOT PRECLUDED BY THE POLICE ORDINANCE 1975, APPOINTMENTS BY THE GOVERNOR, WHETHER GENERALLY UNDER SECTION 46(2) OF THE CONSTITUTION, OR IN PARTICULAR UNDER THE POLICE ORDINANCE, ARE SUBJECT TO THE PROVISIONS OF SECTION 1(4) OF THE

CONSTITUTION.

3. THE GOVERNOR HAS SEEN AND AGREES WITH THESE VIEWS. A DESPATCH

WILL THEREFORE ISSUE SPECIFYING THE EIGHT POSTS ORIGINALLY PROPOSED, THIS WILL OBVIOUSLY NOT REACH YOU FOR SOME TIME, BUT YOU SHOULD PROCEED ON THE BASIS THAT IT HAS BEEN ISSUED

AND THAT APPOINTMENTS TO THESE POSTS SHOULD NOT BE MADE WITHOUT

REFERENCE TO THE FCO.

OWEN

FILES

ITK?-6-A

itki.GA (6)

WIAD

LEGAL ADY.

!

RESTRICTED,

Mrs Gregory

Reference

HKA43.1/8....

RECEIVED IN REGISTRY NO. 51

16 NOV 1978

DESK OFFICER

LSCISTRY

INDEX

PA

bnting Take

اله

42

FLAC A

FLAC 3

FLAC C

CONTROL OF APPOINTMENTS UNDER COLONIAL REGULATION 19:

ST HELENA

Please see your letter of 31 July to Mr Guy (folio 7),

St Helena telegram number 352 sent by the Acting Governor, Mr Aldous (folio 40) and Messrs Dale and Rushford (folio 41). Given these conflicting views, I suggest that you discuss the matter with the Governor when he calls on

A

Wednesday, showing him the attached draft of a proposed reply, which I have based on Mr Dale's comments. If he

might be nodded agrees with this an extra paragraph saying something to the effect that 'the Governor has seen and agrees with

these views. A despatch will therefore issue specify ing the eight posts originally proposed. This..will obviously not reach you for some time but you should proceed on the

basis that it has been issued and that appointments to these posts should not be made without reference to the

FCO.'

A

соду attades

of

13 November 1978

de St Helena Cartitition is

ille

と

काण

На вери

RUSHER

I have included

NF GREEN

Alvires

sentence about the draft

the title-charge

despatch attended,

have

Governm. He agrees

will

A.R.R

∙ibl..

6. 17.11. disamand with the

на

+

is

happy emb

Chu list in

my

letter 2

31-7-78. Well

therefore

CODE 18-77

all the above sentence to the add

b

draft Telegram. The Governor also agrad

·

agreed,

will M1⁄2 hashford's the about remaining the post of hegal tolimo

ров

Eve

send out

Adviso

Attorney

the despatel

could

ive

give

"You may

Before Holger and Me hackford to gu роварю гов

paragraph to insert

a

ед

يكمن

to consider changing the title Legal Adviso

& that

?

'Altomers Gerval' to conform

Dependent

with the titles nomally used Terintonies. Please ask him for this

afto

the Tel has ironed.

E. Gregun

14/1/70