TNAG-0922-FCO40-1140-Control-of-appointments-in-Dependent-Territories-under-Colon-1980 — Page 39

Rogks

Miss Brett Rook

AKA 431/1

Reference

10 DEC 1980

7

DESK OFFIC. INDEX

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CONTROL OF APPOINTMENTS IN DEPENDENT TERRITORIES UNDER COLONIAL REGULATIONS

1. Colonial Regulation 19 reads as follows:

The selection of a candidate for any appointment to any office or grade prescribed by the Secretary of State in respect of any particular territory, shall be subject to the approval of the Secretary of State. When a vacancy occurs in such a post the Governor shall report it to the Secretary of State. The Governor may recommend a candidate to fill the vacancy, but it shall be clearly understood that the Secretary of State may select another candidate.'

2. All DT constitutions have a clause (the drafting varies) which provides for the Governor, in Her Majesty's name, to constitute offices and make appointment to any such office.

In

The posts can

3. Under the provisions of Colonial Regulations, we have sent a Despatch telling Governors which senior appointments require reference to us. These senior appointments are key ones and often we require them to be filled substantively by an expatriate. some cases, we have a specific expatriate in mind. be filled on promotion, or transfer from elsewhere. When a post is vacant, or the holder is absent for any reason, an acting appoint- ment can be made by the Governor but we have never required refer- ence for an acting appointment to be made to us. Governors of dependent territories, particularly the larger ones such as Hong Kong and Gibraltar, are constantly required to make acting appointments in senior posts. The judgement on who should act can only be made locally, depending on administrative convenience and the availability of suitable senior officers. The present system works and I do not see a case for us to interfere at all. The Turks and Caicos case arose merely because the acting Governor overlooked the authority he had in the constitution.

4.

I recommend that we consult WIAD and SAmD again. I agree with Mr Keith's views.

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9 October 1980

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CJ Hall

Hong Kong and General Department

може

Please see the above minite. Your earlier comments are at 2 and 3.

that remindas are neaway? I would quietly put the uhject away; two. Keith's indicate the vardes duplications of we start

that we care

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