TNAG-2598-FCO40-3786-Appointment-of-Chris-Patten-as-new-Governor-of-Hong-Kong--Ap-1992 — Page 151

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

POLITICAL

4 PART 1

VOLUME

.10.2

3.10.3

3.11

3.12

3.12.1

3.12.2

3.12.3

3.12.4

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thus to myy Apoligrés.

Ishould have attached

dma letter

letter to Mr Scott

718

3.11 -3.13.

Constitutionally, it is The Queen who approves the OAG's leave of absence, and the Secretary of State conveys that approval. The message authorising an OAG's leave should therefore be in impersonal form eg "Leave approved (or agreed)".

Constitutional provisions usually exist for the appointment of specified officers to relieve the OAG when absent from the Territory and no reference has to be made to the Secretary of State. Occasionally, in small Territories, reference is made to the FCO on practical grounds, perhaps to secure a temporary appointment from outside the Territory. In such a case the geographical department must always be consulted, especially as the question of The Queen's approval, of even a temporary appointment, may arise.

GRAVE ILLNESS OR DEATH

In the event of the grave illness or death of a serving OAG, HOMS, POD must immediately inform the Private Office, the offices of any other appropriate Ministers, the PUS's office, the Head of POD, the Head of the concerned geographical department, and any other higher authority concerned. The Private Office informs The Queen's Private Secretary.

VALEDICTORY LETTERS FOR NON-DIPLOMATIC SERVICE OFFICERS

A Governor is sent a valedictory letter only when he retires simultaneously from his only, or last, Governorship, and from public service under the Crown. The letter makes reference to past services of the Governor, other than those in his sole Governorship or series of Governorships, only if the Governor was previously a member of Her Majesty's Overseas Civil Service.

A valedictory letter to a Governor is signed by the Secretary of State in person.

POD is responsible for drafting and submitting the valedictory letter which should be cleared with the geographical department. The language of the draft should be such as the Secretary of State would be likely to use in a personal letter of congratulation.

A valedictory letter to a retiring DS officer will issue from the PUS in the usual way. This also will be drafted in POD.

3.13

3.13.1

3.13.2

3.13.3

3.13.4

ACCEPTANCE OF OUTSIDE APPOINTMENTS AFTER RETIREMENT

An OAG should not, after retirement from the Service, accept a directorship or similar position with any company operating in a DT of which he has been an OAG until he has obtained permission from the Secretary of State, who will in each case consult the OAG of the DT concerned before approving an application. Save in very exceptional circumstances, permission will not be given within two years of the OAG's retirement. This rule applies to engagement in any way in a business whose operations are concerned with any DT in which the OAG has served, including acceptance of directorships or partnerships and any employment in such business.

The Secretary of State will take account of the possibility that the early acceptance of such appointments or employment might embarrass the OAG's successor or lead to accusations of corrupt practice.

It is recognised that OAGS already appointed cannot be subject to restrictions contrary to their terms of service. It is nevertheless in a retiring OAG's own interest, as well as in the interests of the good government of the Territories where he has served, that he should obtain specific approval before taking up any appointment of this kind.

Personnel Policy Department (PPD) is responsible for dealing with requests for permission to engage in business activities after retirement, acting in consultation in appropriate cases with the geographical departments concerned. There are however a number of factors relevant to the position of retired OAGs which do not necessarily apply in the case of retired senior members of the Diplomatic Service.

MARCH 1990

3.5

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