TNAG-0725-FCO40-928-Constitutional-provisions-for-the-succession-of-Governors-in-1978 — Page 56

10

3

CONFIDENTIAL AND PERSONAL

400/2

J A B Stewart Esq OBE

Hong Kong and General Department FCO

Dear John.

DORMANT COMMISSIONS

1.

GOVERNMENT HOUSE,

TURKS AND CAICOS ISLANDS.

Mr bevou

THE WEST INDIES.

15 May 1978

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Would you please refer to your letter HKG 400/1 of 26 April 1978 about the classification of "dormant letters".

2.

So far as the Turks and Caicos Islands are concerned I can see no need to retain a classification on the dormant commission, which could be merely retained as an unclassified document in the Governor's office, available for publication if necessary.

Our present constitution (The Turks and Caicos Islands (Constitution) Order 1976, SI 1976 No. 1156) provides in Section 5 a constitutional order of succession for any period when the office of Governor is vacant. The order is Chief Secretary; Attorney-General; Financial Secretary "in that order, or, if none is available, by such person as Her Majesty may designate in that behalf by instructions given through a Secretary of State".

3. Looking again at the question of the dormant commission in the light of this constitutional provision, I am led to wonder whether the dormant commission itself is any longer necessary. It would seem that in the circumstances which led to the original issue of such commissions (Dixon, WIAD letter to Mitchell of 1 June 1973) no dormant commission would be necessary, as the Chief Secretary would automatically assume the functions of the office as Acting Governor under the constitution. I would imagine that the main preoccupation would be to secure a new substantive Governor under Section 3 of the constitution if only for a short period to overcome any objection that might emerge to the possible succession of the two other officials specified in the constitution.

4.

The present dormant commission, reference HXA 2/501/20 of 5 January 1976 will in any case have to be reissued, since it is based on the earlier orders in council which have now been revoked. I am sorry that I overlooked this when we were going through our new constitution. If a new dormant commission is indeed necessary, it will need to be expressed as being made under the 1976 Constitution (quite how I am not sure but no doubt the lawyers can work something out).

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Mathe

A C Watson

MKG 400/1

RECEM.2 173 PROTRY NO. 51 - 8 JUN 1978

DESK OFFICER

INDEX

See reply

No

REGISTRY Action Taken

1880

све

CONFIDENTIAL AND PERSONAL