in para. 10 above
15. Different tests may well apply in relation to different officers (either separately or cumulatively) but as regards colonial governors I feel some discomfort in saying that they are serving under HMG in the UK - it depends what is meant by "under": in relation to a non-judicial officer, this seems to imply subordination and although this factor is present to a varying degree, it is not a characteristic I should wish to emphasize.
16.
It may be helpful to recall that there are two other sorts of governor, namely, the governor of the remaining associated state and the Australian state governors, to whom tests (a), (b) and (d)/apply much as they apply to colonial governors, but where there is greater local autonomy and the governor is not subject to the directions of the Crown given on the advice of HMG. In the absence of any subordination, one would not wish to describe such governors as serving under HMG in the UK.
17. Deputy Governors in some colonies, and colonial Supreme Court judges and Court of Appeal judges, are appointed by the Crown, advised by HMG in the UK, by means of Royal instructions to the colonial governors concerned but I should hesitate to say that they are serving under HMG in the UK by means of this fact. By the same token I should hesitate to say that an officer is serving under HMG in the UK simply because he is a member of HMOCS or HMOJ or because. his appointment to the public service of a colony has been approved by the Secretary of State under Colonial Regulation 19.
18. To sum up, my inclination is to favour a restricted meaning for "Crown service under the government of the UK" sq far as governors and other officers serving in the colonies, etc. are concerned, and to make specific designations under s. 2(3) of the 1981 Act when this is thought appropriate.
19. It may be however that this view runs contrary to the intention underlying the use of this expression in the 1981 Act and I recognize that there are arguments in favour of a contrary view.
20. I should perhaps mention that I have given some thought in the fairly recent past
a) to the status of the governor of Gibraltar qua
b)
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abatement of a UK military pension (I have not been able to find the date of my minute, but it related to Sir W Jackson, who was appointed in 1978);
to the status of a governor and a deputy governor in connection with Mr Watkins' appointment as Deputy Governor, Bermuda (my minute of 28 October 1981 to Miss Brett Rooks, copied to Mr Brighty (POD) Mr Goulden (PSD), Mr Herdman (WIAD), and Mr Howlett (ASD) refers);
to the question whether a particular officer was
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