TNAG-1108-FCO40-1359-Ministerial-and-official-visits-to-Dependent-Territories-1982 — Page 38

Reference........

(10)

Mr Livesey

Hong Kong and General Dept Room K248

нка 026/1

PECSIRY NO. 17 C 3 JUN 1982

en

MR MARTEN'S VISIT TO THE WEST INDIES

1.

In view of what you say in paragraph 3 of your minute of 19 May I can only assume that the office of Attorney General of the Turks and Caicos Islands was created before 1976 and that it is now caught by Sections 78 and 58 of the Turks and Caicos Islands (Constitution) Order 1976.

2. If this assumption is correct the position in law is that the Governor makes the appointment. As a matter of administrative practice (as enshrined in Colonial Regulation 19) he has to seek the approval of the Secretary of State. Each is free to consult whoever he likes before reaching a decision. Whether either should consult the local government is really a question of policy rather than law. I do not think it would be right to say that it would not be constitutionally possible to do so (your draft as amended by

WIAD).

7. Bows

F BurrowS

Legal Counsellor

pafe

20 May 1982

M. Wallace. (W.AD)

Thank you

M.

wiew of this

your

ranscript minute

of

17 May.

have pê

e drifted

Burrows' minute above I have

M. of 2 (attached) and should be gratifit for your comments. We have

now

relowed

The Queen's formal approval for the appratiment of M

Twner. Para 3 is marched accordingly.

wanded accordingly. {wesen)

(G.C.

GM

CODE 18.77