TNAG-0725-FCO40-928-Constitutional-provisions-for-the-succession-of-Governors-in-1978 — Page 7

36

PERSONAL AND CONFIDENTIAL

37

HKG. 400/1

27 SEP 1978

233 4381

51

HKG 400/1

T Russell Esq CBE Government House GRAND CAYMAN

RESER

DESK OFF;

INDEX

PA

REGISTRY

Action Taken

No

25 September 1978

See D-19

DORMANT COMMISSION

Thank you for your letter A/2/088 of 23 August. I now enclose a new dormant commission, which removes any ambiguity about whether or not it applies to acting holders of the offices specified.

2. Normally it is for the Governor to decide at any given moment who is the appropriate person to stand in for him during a short, temporary absence. This the Govenor can do through an instrument issued in accordance with Section 4 of the Cayman Islands (Constitution) Order 1972. Section 3 of that Order (under which the dormant commission is issued) need only be involved, as you yourself pointed out in paragraph 2 of your letter of 20 March to John Stewart, if the Governor is suddenly unable to perform his duties. There is therefore no need for the dormant commission to be involved every time the Governor goes overseas for a conference or leave - though equally there is no legal objection to your following this procedure rather than the procedure in Section 4 if you prefer to do so. If, in order to do this, you wish to publish the new dormant commission, we would have no objection.

3. Our Legal Adviser has suggested that the reason why you have been invariably invoking Section 3 is that it does not contain the provision, which is normal in similar constitutions elsewhere, making it unnecessary to invoke it when there is a subsisting appointment of a deputy under Section 4. Perhaps your Attorney General might wish to look into this.

WE Quantrill

Hong Kong and General Department

PERSONAL AND CONFIDENTIAL