251.
PUBLIC RECORD OFFICE
Reference :--
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
No. 546.
(STRAITS SETTLEMENTS.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, January 7, 1869. MY LORD,
We are honoured with your Lordship's commands, signified in Sir Frederic Bogers' letter of the 19th December last, stating that he was directed by your Lordship to transmit to us copy of an Ordinance recently passed by the Legislature of the Straits Settlements, entitled No. XI., " An Ordinance to amend the law relating to the custody of prisoners," and to direct our attention to section 5 of that Ordinance; and 2, that it might be assumed that it was intended by that section to enable the Governor to send to Labuan persons who have been sentenced to transportation in the Straits Settlements.
The Governor of Labuan considered that the introduction of convict labour would greatly benefit that Colony, and the Duke of Buckingham when Secretary of State assented to that view. But (3) doubts had been entertained-1st, whether a colonial governor has the power, or whether a colonial legislature can give him power, to appoint places for transportation out of the Colony; and, 2nd, whether a colonial legislature is competent to pass a measure of that kind, which purports to vest in the Executive a power to send persons beyond the limits of the Colony, and whether an Order in Council or Imperial legislation is not necessary for the purpose; and that 4, upon the first question Sir Frederic Rogers stated that he was directed to call our attention to the Aot 6 of Geo. 4. c. 69. s. 4, and to the different Orders in Council which had been made under it, and that-
5th. By the 6 Geo. 4. c. 69. s. 4 His Majesty was empowered by Order in Council to appoint or to authorise governors of colonies to appoint places within His Majesty's dominions to which offenders under sentence of transportation should be sent or transported; and also-
6. Under that Act several Orders in Council had been passed, of which the following is a summary, viz. :-By an Order in Council of 22 May 1840, after revoking prior Orders in Council of 23 June 1864 and 11 November 1825, it was ordered that Van Dieman's Land and Norfolk Island should be the places to which persons from the United Kingdom should be transported under 5 Geo. 4. c. 84., and that governors, &c. of colonies should in pursuance of the Act 6 Geo. 4. by proclamation appoint places within Her Majesty's dominions to which offendera sentenced to transportation in the Colonies should be sent, provided that neither Bermuda nor any of His Majesty's Colonies in New Holland or in the Southern Sea be so appointed other than Van Dieman's Land or Norfolk Island, a copy of which Order Sir Frederic was pleased to annex for reference, and to state that by an Order in Council of the 4th September 1848 all prior Orders were revoked, and it was ordered that from the 25th day of November 1848 New South Wales, Van Dieman's Land, Norfolk Island, and Cape of Good Hope, with their dependencies, should be the places to which felons from the United Kingdom should be conveyed under the Act 5 Geo. 4.; and that it was further ordered that governors, &c. of colonies from the same date should by proclamation appoint the place or places within Her Majesty's dominions to which offenders convicted in any such colonies and being under sentence or order of transportation should be sent or transported, with the same exceptions as in the Order in Council of 22nd May 1840,
that-
By Orders in Council of 8th June 1850, and 25th June 1851, the Order of the 4th September 1848 was revoked so far as regarded the Cape and New South Wales, and by an Order in Council, 29th December 1853, so much of the Order of the 4th September 1848 as had been left unrepealed by the Order of 1850 and 1851 was repealed, and that-
By an Order in Council of 28th November 1856, which was the last Order-in Council issued under the Act of 6 Geo. 4, it was ordered that the settlements in Western Australia should be places to which offenders convicted in any of Her Majesty's foreign possessions, colonies, or plantations and being under sentence or order of trans- portation, should be sent or transported.
Sir Frederic Rogers was pleased further to state that he was directed to annex for reference a copy of the Order and of the Despatch of the Secretary of State of January
O 16278.795.
25.-5/86.