83
7
Further, the transfer would probably be in part ultra vires. It is probable that certain Hong Kong Ordinances were enacted by virtue of powers conferred by Act of Parliament on Colonial Legislatures, see for example Section 735 of the Merchant Shipping Act, 1894, and Section 18 of the Extradition Act,1870. Such powers cannot be exercised by H. M. in Council for he is not a "Colonial Legislature"l within the meaning of Section 18(7) of the Interpretation Act, 1889. It is perhaps possible that a form of words might be devised transferring to the Secretary of State powers under Ordinances which H. M. in Council has power to amend, but I did not put this point to Parliamentary Counsel, and I feel very doubtful whether such a provision would be considered desirable.
8 I undertook to put these points to the Department and let Sir J.Stainton know the result. Briefly the line they take is that it is better to tackle such problems as are already known to exist and to leave any others to be dealt with as they arise.
A Role Way.
14.4,42,