TNAG-0715-FCO40-911-Future-of-the-Dependent-Territories-4 — Page 39

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

OTES

1) The power to issue instructions to the Governor in the exercise of his executive functions is very significant in controlling the actions of the local government.

2) Except when it touches on his special responsibilities.

3) Governor must consult with the Chief Minister in the discharge of these responsibilities, but is not bound by his advice.

4) If a political party gains a majority of the seats they choose the Chief Minister but if there is no majority the Governor acting in his discretion appoints as Chief Minister the elected member who he considers best able to command the support of the majority of elected members.

5) Powers of disallowance are limited to laws relating to Government stock.

6) Cannot dissolve without the advice of the Government Leader, but may refuse if he considers the Government can be carried on and to dissolve would not be in Bermuda's interest.

7) Vested in Governor, but he must act in accordance with the recommendation of the PSC.

However power

to appoint Chief Secretary, AG, Commissioner of Police, Auditor, Magistrates vested in the Governor acting in his discretion, but must consult with PSC on Commissioner of Police and with Chief Justice over Magis-

trates.

8) The Governor may decline Exco's advice if he considers it necessary to do so in the interest of main- taining law and order or in order to maintain the efficiency of the Judiciary or Public Service. It follows, therefore, that the Governor has the controlling say over Defence, Internal Security, Police and Public Service, but not to the same effect as in other territories.

9) Exco has the general direction and control of the Government but external affairs are not part of the Montserrat Government, but UK Government.

10) See Para 8 of coverning note.

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