293
M. Lucas
Before carrying out your instructions on
the previous page
I would call your attention to certain
points.
You will see from Mr Riblett's Memorandum herewith that
the penalties vary from £5 to £200.
Sir F Clarke in para. 2 of
20068189 concurred
in the penalties except that he "thought the St. Helena one
might be reduced. If this is sent to the Colonies it will be taken as an invitation to increase the penalties which presumably is not intended where they are already too high. But you will see from the letter to the WO 12 Feb/91-1907, that the Imperial Act 52 & 53 Vict Cap 52 is in force in all the Colonies and that it
BL(x)−71793-3300---36
held that Colonial Governments could
rely upon the local enactments
so far
as they go and upon
the Imperial Act in so far
as it goes beyond them. My own impression is that all the Colonial laws remain
suspended until the Act or the requisite parts of it
have been suspended by Order
in Council under Sec. 5 of the Act. And it may be a question whether any Colony, or
any penalty fixed by local law, may not inflict any penalty it thinks fit under the Imperial Act which does not limit the amount of the fine.
If the Circular is issued, I think the WO should
suggest the penalty
which they think would be appropriate.