TNAG-0922-FCO40-1140-Control-of-appointments-in-Dependent-Territories-under-Colon-1980 — Page 41

CODE

18-77

Reference

431/1

の

Mr Green

18 no

is chear from ter Rushfords minute

It is clear

that there

еже

legal objection to the Secretary of State requiring the fovernor of fibraltar to seek his approved when acting and temporary appointmente are made to those poste in Gibraltar usted in despatch

нка

431/8 of 18 October, 1978.

2. However, the

case has not yet been made

requiring him to do

So

Specifically the fovenes,

for

{

So

(i) constitutional provision is made for this to appoint persone to

acting or temporary capacity (eve

my

minute of 22

These posts in

Geu

January

(ii)

CR

19

is uct specific du

on the matter. And, as

we were

lold when the fovernor called du HKGD lest mank, Colonial

Regulations are not

are not binding

(iii)

The despatch of 18.10.78

(iv)

was

also not specific. It has

not been interpreted over the past. 16 months by HKOD, SED, ON

the fovernor

as

requiring reference to FCO

for substitutes The trouble in Tucks and Caicos which sparked off this mother

was

apparently (second sentence of ver Rushford's minute) caused the fovernor there not acting in accordance with, the

constitution.

3. Before the despatch of

informal

J

18. 10.78 was issued, there was muth semi- official discussion with fibraltar, to arrive at

the desired result. I think it would be quite wording

to issue a

without

further despatch, which in effect. amende the earlier one, informal discussion with Gibralke, world, in my viere, be