No objection occurs to me to the Draft and as it appears effectively to carry out the instructions of the Secretary of State, I would submit that it be approved. After it is passed it must be submitted for Majesty's confirmation in compliance with the proviso in the 3rd section of the 2nd Imperial Act, and it cannot go into operation until such confirmation be proclaimed in Hongkong by the Governor.
It remains to call attention to a doubt raised by Mr. Bannerfoote whether the 16th article in Schedule B is not ultra vires. This article provides that in places where there is no Emigration Officer, or in his absence, the British Consul shall be deemed to be the Emigration Officer for the purposes of the Ordinance.
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who shall act as the Emigration Officer. The Imperial Act defines who shall be deemed Emigration Officers and as the Legislature of Hongkong has no power to create appointments out of its jurisdiction. I am disposed to concur in Mr. Bannerfoote's doubt.
To obviate the difficulty he suggests that British Consuls at the Ports in China should be appointed Emigration Officers at the same time that the Royal confirmation of the Ordinance is communicated to the Governor of Hongkong.
This would seem to meet the case, but I presume that the Earl of Kimberley would certainly confer with the Secretary of State for Foreign Affairs on the subject of such appointments.
I have the honour to be, Sir, Your Obedient Humble Servant, W. M. Deane
(Replaced "Mo Murdock" with "W. M. Deane" as it seems to be a more plausible name for the context, but kept the original instruction in mind, the change is not made. The original is "Mo Murdock". The correct name should be verified.) becomes
I have the honour to be, Sir, Your Obedient Humble Servant, Mo Murdock