597
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that rules made by the Chief Justice shall be approved by the Legislative Council and published in the Gazette
before they become binding. Clause 2(2) and clause 3(4) of the Bill have been adjusted accordingly. (iii) In clauses 3, 4, and 6 of the Bill, the Supreme Court
is specifically mentioned, as being the only "superior court" in the Colony. For the same reason, in clause 2 of the Bill, the definition of registering court" has been omitted, and in clause 3(2), (3) and (4) the words
"Supreme Court" have been substituted for the words "registering court".
(iv) In clause 3(1) and in clause 4 of the Bill, the words
For in any territory" have been added after the words
"His Majesty's dominions" in order to obviate any doubt
as to the interpretation of clause 6(2).
(v) The words "applies", "apply" and "application" have been
used throughout the Bill for the words "extends",
"extend", "have effect" and "extent" in order to secure
uniformity, the former series of words being more often
used in the local ordinances than the latter.
(vi) Sub-section 14(2) of the Act giving a revoking power in
respect of Orders in Council has been omitted from
clause 6 of the Bill for the reason that section 40 of
the Interpretation Ordinance, 1911, (No.31 of 1911),
provides that a discretionary power conferred by ordinance to make regulations or to issue any order
shall, unless the contrary intention appears, be
construed as including the power to amend, vary, rescind, revoke or suspend the regulations made or order issued.
I have the honour to be,
sir,
Your most obedient humble servant,
B.E. Stubbe
Governor, &c.