Minute by Michael McDunphy on the Governor General

Governor General

Position on the death of King George V

1. King George V died on the 20th January, 1936, and was succeeded by his son King Edward VIII.
2. The question arose as to what was the position of the Governor General at this juncture.
3. It is clear from Section I of the Demise of the Crown Act, 1901, copy of which is attached,¹ that the occupancy of the Governor Generalship is not in any way affected by the demise of the Crown and that the holder thereof continues in office.
4. The question arose, however, as to whether it would be necessary for the Governor General to take the Oath of Allegiance and Oath of Office to the new King.
5. Section 7 of the Promissory Oaths Act, 1868, provides inter alia that
   

   'No person shall be compelled in respect of the same appointment to the same office to take such Oath or make such affirmation more times than one.' It is clear, therefore, that it is not necessary for the Governor General to retake the Oaths.

6. The position, therefore, is that the death of a King or the accession of a new King in no way affects the occupancy of the post of Governor General, either as regards tenure or the Oaths of Office etc.