TNAG-0725-FCO40-928-Constitutional-provisions-for-the-succession-of-Governors-in-1978 — Page 60

His Excellency R J O'Neill, Acting Governor

1108

THE CONVENT,

GIBRALTAR.

PERSONAL AND CONFIDENTIAL

JAB Stewart Esq OBE

Hong Kong and General Department Foreign and Commonwealth Office London SW 1

Quytill 21615

In Levour

AKG 400/1

Ака

SYRY

RECEIVED *** **RY NO. 51 16 MAY 1978

DESK OFFICEA

INDEX

PA

18

L

REGISTRY

Action Taken

do

∞∞

11 May 1978

Sea

13 reply

6

Dear John

DORMANT COMMISSIONS

Thank you for your letter of 26 April about the Dormant Commission for the succession to the office of Governor.

It is now well established in Gibraltar that the Deputy Governor should be designated to assume the functions of the office of Governor when that office is vacant or the Governor is for any reason unable to perform the functions of his office. This was laid down specifically in paragraph 6 of the Despatch of 31 July 1964 which accompanied the 1964 Constitution. A Dormant Commission was not therefore necessary at that time. The despatch accompanying the 1971 Constitution contained no instructions on the question of succession; but the Deputy Governor has invariably been designated since that date to act in the Governor's absence. At the present state of constitutional development in Gibraltar there is no other appropriate civilian office holder to designate; and a Service Officer would be inappropriate. The practice of appoint- ing the Deputy Fortress Commander to act as Governor

in the Governor's absence ended so far as I can establish in 1962, and I do not think it would be regarded in Gibraltar as right to revive it.

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