therefore directed the Governor by telegram.
have the
is
Draft
ordinance
amended on
to
the
above points. This has accordingly been done, and the Ordinance in its present shape is
free from the objections indicated. Additional clauses taken mainly from previous Ordinances and some amendments, to which we see no
objection, have
also been introduced into the measure.
One of the new clauses (26) which prohibit the prosecution of any offence under the Ordinance without the consent of the Attorney General, is clearly an improvement.
In its passage through the Legislative Council the Ordinance encountered opposition from Mr. Ball, the Judge of the Summary Jurisdiction Court, on grounds which the Governor considers to be mainly of a technical nature, and on which the Chief Justice & the Attorney General do not concur. At all events, his views were not adopted by
the
Legislative Council.
As the report of the Attorney General fully explains the alterations made in the "Bill" originally submitted to the Secretary of State, it is unnecessary to reproduce them. I have therefore only to report that we see no reason why the Ordinance should not receive Her Majesty's confirmation.
Mr. Hall
T.W.O. 28/6
I presume this will be sanctioned.
and added with
5927
to the New Redwin
346
This Winanser adget all the amendments required & Low Kimberley (Confidential Paper & 41) and the dy extra raised Gold Ball applied bother Hoursinn ofther Staft onhicance which was offered
the Land Officen & Weighn offer.
only
Aulian & Cutertani
are the 19th & 20th which are
de
ay
Soult of on
oney otringent, washench
as they hate the that if forfeiture of a lease is sought on
The Liidence fail particular specified ground.
the ship may
Wo thon ground.
4
still le fufcited of
Evidence then that ther breaches than those specified has been committed. This
not
may
A
han bem ther intention of the Legislation, but the sections are capable often construction - I would sanction the Ordinances but suggest
an amendment of those sections. In sect 19 for the
proper
words "no offence has been committed" I would use the words "the offence charged here must have been committed", and in sect 20 for the word "an
offence" I would insert the word "the offence charged". It is only
fair to the owner that he should know what offence
is to meet, & the amendment would make the Attorney General
more careful band to make the Alleging feneral
he
mahtuting proceedings.
Copy to J.O per information, stating that the A profore, to sanction the intiaver, & add to pupored paper for
1
Parliament W.H., Jayru K July 1/73
1/7/63
pahan
Nr. 3016