Crown, and therefore the representative of the Queen in the
dependent territory, he
"has not, by virtue of his appointment, the whole sovereignty
of the territory delegated to him. He is not a Viceroy, (Roberts Wray)
The representative of the Queen does not, therefore, enjoy all the privileges of the Crown itself; as Roberts-Wray makes clear in other contexts, a Governor is not, in general, immune from judicial process, and is not in general exempt from the obligation to give
evidence. In the case of the Governor, therefore, as in the case of
other members of a dependent territory's government, the essential
point is that he acts under the authority of the Secretary of State,
who is himself answerable to Parliament for the government of the
dependent territories. "Governors, in the exercise of their legal powers, are required to observe Her Majesty's instructions.
-
And beyond that a matter of constitutional law - it is well understood that the Secretary of State is entitled to intervene in
any matter of administration within a Governor's authority, whether legal powers are involved or not". (Roberts Wray)
Given that the Secretary of State is so answerable, it would be strange if a person acting on his instructions could not also be
summoned to account for his or her conduct.
18. Summary
(1) Officials of governments in the dependent territories can be
required to attend Westminster to give evidence relating to matters falling within the terms of reference of the Foreign Affairs
Committee.
(2) A Select Committee can sit outwith Westminster, in a dependent
territory, or elsewhere overseas.
(3) When it sits outwith the "jurisdiction of Parliament" the
Select Committee cannot require the attendance of persons, papers
and documents; but if it sits "within the jurisdiction of
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