PUBLIC RECORD OFFICE
Reference :-
C.O. 882
charges upon the general revenue, which were enacted by the Imperial Parliament. i need only mention the Imperial Merchant Shipping Act, and there are many others Then agam. Her Majesty can legislate by Order in Her Privy Council, then again she can legislate through this Council, and then again by Her Majesty's That is will signined through one of Her Majesty's Principal Secretaries of State.
Now, when these three Settlements the general rule with all Crown Colonies ceased to be under the Government of India and came under Her Majesty's Colonial Department, and those ways of signifying Her Majesty's will were to come in force at once, the question arose how far Indian legislation, hitherto unrepealed, would clash with Her Majesty's will The time was short, and it was too short to decide what Indian legislation should and what should not be the law of the Colony. It was better, therefore, to take over the Colony with its Indian laws, and to provide by an Act of Imperial Parliament for Her Majesty's will being respected in this Colony in the usual ways notwithstanding its Indian origin, and that was the origin of that enactment of 29 and 30 Victoria cap. (XV, and the real intention of the 2nd Clause of that law is contained in the last two lines. To read it really intelligently, the last two lines should be read first Any law, statute, or usage to the contrary in anywise notwithstanding, it shall be lawful for Her Majesty, from and after the coming into operation of this Act, by Order or Orders to be by ller from time to time made with the advice of Her said Privy Council, to establish all such Laws, Institutions, and Ordinances," and so on. That was simply to guard against any particular Indian rule, or regulation, or Ordinance clashing with what is practically the rule of the Colony
I believe that it was not usual for Her Majesty in Privy Council to make orders for the government of India. Her Majesty's orders to India used to be signi
"The 2nd Clause, as I read it. is simply fied by the Secretary of State at that time designed to enable Her Majesty. by Order of Privy Council, to legislate by this a part of India. Council without being met by any lawyer's objection that, this being
The 3rd Clause. it was not usual for Her Majesty to legislate by Order in Council. to which the honourable gentleman did not refër, also has a very important clause at the ent--" Provided always, that notwithstanding any such delegation or grant of authority as aforesaid, it shall still be competent to Her Majesty in Council, in manner aforesaid, to exercise all the powers and authorities, either by virtue of this So that, independent of that Act or otherwise, vested in Her Majesty in Council.“ Act, evidently the framers of that Act considered that Her Majesty could claim by Order in Council to exercise some powers which might or might not have effect in this Colony.
As regards the point which the honourable gentleman made with respect to the expression of Her Majesty's will through one of Her Principal Secretaries of State, I ake it that that was quite irrelevant in the consideration of this Bill, for this reason : Her Majesty's Secretary of State has not, so far as I know, and as every member knows, sought to impose his will on this Council. It is open to every member of this Council to vote as he pleases on this Bill. I have received absolutely no instructions from the Secretary of State to vote in any particular way, and therefore, in contend ing that the Secretary of State is not competent to order members to vote in accord- ance with his will, the honourable member has elaborated a quite unnecessary point Then again, the honourable member objects to the wording of Clause 3, which says:-"The said percentage shall be deemed to be a fixed contribution payable by the Colony in full return for the annual cost of the Imperial Garrison, including all capital expenditure required for military land and buildings," &c., as if a requisi tion of the Secretary of State was meant by the word required. That word
required might be rendered “needed
necessary "; there is no technical meaning in the word. [Mr. BURKINSHAW: It should be "advisable."] That expres sion does not mean that it has been required by the Secretary of State by a formal instrument, but it means that the military lands and buildings are necessary. To meet the honourable gentleman's objection on this point, I should be inclined to move an amendment of the word, only that this Bill has been settled for some time, and has been seen in England, and it is not desirable to make any alteration in it; but that is the clear sense of the meaning. There being no requisition from the Secre tary of State, and no mandate addressed to this Council, there is no reason, so far as I can see, for saying that the Secretary of State has done anything unusual, or extraordinary, or improper, or unconstitutional in directing His Excellency the Governor to propose this Bill for the consideration of the Council.
14 or
I may remind the Council that we already do expend money outside the Colony. in our light-houses. Some are very considerable items, and in some cases we have
11
To conclude:
had to ask the permission of other potentates before erecting them. the only question that there is before this Council at present is whether it is a better and more economical plan for the Colony to give 20 per cent. without any additions, or contingencies, or accidents, or to continue to pay, as now, 174 per cent with con- tingencies, additions, or accidents. On that point every member will vote according to his judgment. I believe that almost all of you are in a better position to come to a decision on this point than I am, but I believe there is a very strong local opinion that if 20 per cent were accepted in full of all charges, this Colony should accept it. Before I sit down, I ought to correct a mistake I made a few meetings previously in seconding a motion on this Bill. I stated that for the present year it would certainly be to the interest of the Colony to pay 20 per cent.. because the extra I find. on reference charges would bring up the amount to more than 20 per cent.
to statistics, that that was a mistake, which I regret; but, though it was a mistake in matter of fact, it is open to question whether there was not a considerable amount of truth in it The fact is that the extra works demanded of the Colony have been for the last two years in a state of abeyance. The Government of the Colony, of course. demurs to works which cannot be shown to be actually necessary, and the military authorities ask what they consider necessary, and the question of a quantity of debatable works has remained in abeyance pending acceptance by the Government of this Colony of a 20 per cent. rate. The works have all been kept in abeyance on account of this question being pending, and if this question had not been raised, the demands we should have had to meet would have been much larger. As there are also votes standing over from other years, in consequence of the Royal Engineers being unable to do the works all at once, I took it for granted that in the present That was year the expenditure would be as great as it was in the last three years.
not the case, but I think I was justified in thinking that if this question of a 20 er cent rate had not occurred, it would have been so.
The Bill was read a second time, and the Colonial Secretary, on behalf of the Attorney-General, gave notice that, at the next meeting, the Council would be moved into Committee on the Bill
Tuesday, 14th March, 1899. PRESENT:
HIS EXCELLENCY THE GOVERNOR
(Sir CHARLES BULLEN HUGH MITCHELL, G.C.M.G.)
The Honourable the Officer Commanding the Troops (Lieutenant-Colonel CHARLES
LESLIE CASEY, R.A.).
the Colonial Secretary (Sir ALEXANDER SWETTENHAM, K.C.M.G.).
the Colonial Treasurer (F. G. PENNEY).
the Auditor-General (E. C. H. HILL).
the Colonial Engineer (A. MURRAY, C.E.).
J. BURKINSHAW.
LIM BOON KENG, M.B., C.M.
G. S. MURRAY.
J. M. ALLINSON.
T. C. BOGAARDT.
ABSENT:
The Honourable the Acting Resident Councillor of Penang (J. K. BIRCH).
the Acting Resident Councillor of Malacca (W. EGERTON).
the Attorney-General (W. R. COLLYER).
J. M. B. VERMONT.
W. C. BROWN, M.D.
The minutes of the last meeting were read and confirmed.
DEFENCE CONTRIBUTION BILL.
On the motion of the Colonial Secretary, seconded by the Colonial Engineer, the Council resolved itself into Committee on this Bill.
Sections 1 to 4 were passed.
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