PUBLIC RECORD OFFICE
Reference :-
TELL CO. 885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO'
That in dealing with the case your Lordship supposed that it might be assumed that the Standard Bank, which was an English limited company, was a person within the meaning of the Convention, and that the National Bank, which was a limited company of the South African Republic, was a citizen of that Republic, although it was understood that nearly all the shareholders were not such citizens; and that, that being so, the points which seemed to arise in connexion with the complaint of the Standard Bank might be formulated as follows:-
1. Was either of the above-mentioned charges on the notes of the Standard Bank, viz., one penny stamp on each note, and threepence in the pound on the average circulation, a tax within the meaning of the Convention?
2. Was either of the above charges a tax in respect of the commerce, or industry, of
the Standard Bank?
3. Seeing that persons who claimed rights under the 14th Article of the Convention were required to conform to the laws of the Republic, was the Volksraad of the Republic precluded from passing a law which would have the effect of abrogating the rights which the 14th Article purported to secure?
That Mr. Bramston was to request that we would be good enough to consider the papers, and advise your Lordship whether the passing of the proposed law, or the exemption of the National Bank from license duty, would constitute a breach of the 14th Article of the Convention which Her Majesty's Government might properly refuse to admit.
That Mr. Bramston was also to state that your Lordship would be obliged if we would favour you with any observations which might occur to us on the subject generally.
We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report
That, in our opinion, neither the passing of the proposed law nor the exemption of the National Bank from license duty would constitute a breach of Article 14 of the Convention.
The provision for national treatment is not necessarily violated by special privileges being granted to a bank which has so much the character of a Government institution as the National Bank established under this concession.
We have, &c.
(Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
The Right Hon. Lord Knutsford, G.C.M.G..
&c.
&c.
&c.
24491.
No. 232.
(QUEENSLAND.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Royal Courts of Justice, December 18, 1891. We were honoured with your Lordship's commands signified in Mr. Bramston's letter of the 2nd instant, stating that he was directed by your Lordship to transmit to us a copy of a despatch (with enclosure) from the Governor of Queensland, asking that our opinion might be obtained on a point connected with the issue by him, in June last, of a Proclamation prohibiting the export of arms and ammunition from Queens- land to Chili, except for the Chilian Government.
4
That Mr. Bramston was to enclose, for reference, a copy of our report dated the 19th of August last,* upon the subject of the Proclamation in question, as well as copies of the papers on which our opinion was given; and that he was also to enclose a copy of the Navigation Act of Queensland of 1876, which is referred to in Sir S. Griffith's letter to the Governor dated 14th September 1891.
That a copy of your Lordship's telegram referred to by Sir S. Griffith was also enclosed, as well as a copy of a subsequent despatch of the 25th August from your Lordship to the Governor in which our report was embodied. That that despatch had apparently not reached the Colony at the date of the Governor's despatch above mentioned (No. 126 of 8th October 1891); but that, although it partially answered Sir S. Griffith's question, your Lordship would not delay in transmitting the accom- panying papers for our consideration, and would be obliged if we would favour you with our opinion on the point raised by Sir S. Griffith.
We have taken the papers into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report
That, in our opinion, a prohibition of the export of arms and ammunition discrimi- nating as to the destination of the goods exported is beyond the powers conferred by the Queensland Customs Act of 1873. The object of the Legislature, as gathered from the language of that Act, is to prevent the export or coastwise carriage of the materials in question, and has nothing to do with controlling the destination of goods which may be lawfully exported. Such considerations are relevant only to cases arising under, the Foreign Enlistment Act, but have no bearing upon the enactments referred to in Sir S. Griffith's letter.
The Right Hon, Lord Knutsford.
We have, &c. (Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
COPYRIGHT PHOTOGRAPH—NOT TO |
Sir H. W. NORMAN to the SECRETARY OF STATE FOR THE COLONIES.
Government House, Brisbane,
October 8, 1891.
(No. 126.) Mr LORD,
I HAVE the honour to inform your Lordship that the proclamation issued prohibiting the export of arms and ammunition to Chili, as reported in my despatch of the 24th June last, No. 66, was rescinded by a further Proclamation published in the "Queensland Gazette of the 19th September last, in obedience to the instruction conveyed in your telegram of the 22nd August, which arrived during my absence from Brisbane.
"J
2. In acknowledging my letter, which enclosed a copy of your Lordship's telegram, the Chief Secretary made some observations with respect to the opinion expressed by the Law Officers of the Crown as embodied in your telegram. I did not send copy of Sir Samuel Griffith's letter to your Lordship, as I felt certain that some despatch would be received in amplification or in explanation of the telegram, and, in due course, I received your Despatch No. 38, of the 25th August, which I communicated to the Chief Secretary, and requested him to state whether, after reading this despatch, he desired to add anything to the contents of his letter of the 14th September.
E 65459-45. 93.—12/91.
• No. 220.
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