OCEAN ISLAND AND THE BANABANS: DEFENSIVE POINTS FOR USE BY MR LUARD IN CASE OF ATTACKS UPON THE "POSNETT REPORT".
1.
The Report fails to deal at all with the breaches of Governmental obligation referred to in the Vice Chancellor's judgement.
Answer: The Banabans told Mr Posnett they still had very much in
mind the possibility of appealing against the High Court judgement. He records (page 54 of his Report) that in view of this he was
advised to omit from his Report any further comment upon this subject
since it remains potentially sub judice. This does not at all mean
that the Vice Chancellor's opinions have been ignored either by
Mr Posnett or the Government.
...
2. Mr Posnett is wrong in saying that Ocean Island has been part of the Gilbert and Ellice Islands since its annexation in 1900.
Answer: What the Report said (page 4) was that "Ocean Island
annexed to the Crown in 1900 and by virtue of a Proclamation was
t there. administered as part of the Gilbert Islands, which/has
remained ever since." The Proclamation concerned was dated
ereafter
was
28 November 1900 and extended to Ocean Island the Queen's Regulations
applicable to the Gilbert and Ellice Islands, all of which were
included henceforth in the jurisdiction of the Resident Commissioner
of the Protectorate. Whether the proper date is 1900 or 1916 hardly makes a serious difference to our present problems!7
3.
There are many "precedents" for separation of parts of Colonial Territories before independence, contrary to the policy quoted by Mr Posnett.
Answer: It is a well-established principle of British policy,
1
/adopted