:
4749/1900.
No. 245.
(Labuan.)
N
mimimmi
שבו בו בוורב -
C.O. 885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- |LUFTRIGHT PHOTOGRAPH-NOT TO
GENTLEMEN,
FOREIGN OFFICE to LAW OFFICERS.
Foreign Office,
December 18, 1899.
I HAVE the honour, by direction of the Marquess of Salisbury, to state that the Somali and draft Order in Council for the Somaliland Protectorate, which forined the subject of Brunei your Report of the 18th September last, received the approval of the Queen in Council (Repeal)
on the 7th October.
Lord Salisbury's attention has, however, been drawn to the fact that the Somali- land Order in Council of 1889, which, owing to certain practical difficulties, was never brought into force, has not been expressly repealed by the recently passed Order of 1899. Copies of both Orders are enclosed herewith.*
Although it is unquestionable that the Order of 1889 has no operation, the necessary directions for putting it into force never having been given by the Secretary of State, it appears possible that misunderstanding and inconvenience may arise if it be maintained on the list of effective Orders in Council.
Lord Salisbury understands that the removal of the Order in question from that list can only be effected by repeal, and I am accordingly to transmit the accompanying draft of an Order in Council which has been framed to meet the case.
It has been thought advisable to take advantage of the opportunity afforded by the repeal of the Somali Order in Council to repeal at the same time "The Brunei Order in Council, 1890.” This Order was passed under a misapprehension as to the numbers of British subjects affected by it, but it has never been brought into force by the means pro- vided in Articles 116 (3) and 117.
Sir Charles Mitchell, the Governor of the Straits Settlements, when he visited Brunei in 1896 in his capacity of High Commissioner and Consul-General for the Sultan's territory, was empowered to exercise his discretion in bringing the Order into operation. He, however, reported that he had decided, after a very full consideration, not to complete the technical steps necessary to make it of force, and that he did not recommend that he should be directed to take such steps. Sir Charles stated, as his reasons for arriving at this decision, that the British subjects resident in Brunei were not of British birth; that the machinery necessary for bringing an appeal was altogether too cumbrous; and that the simpler system— which still obtains of asking the intervention and assistance of Her Majesty's Consul was all that was really necessary.
It was at that time suggested by the Colonial Office that an Order in Council should he passed suspending the Order of 1890 until the Secretary of State should instruct the Consul to exhibit it in his office at Brunei, but as the latter Order had never come into force, Lord Salisburỳ considered that the better course would be to repeal the Order on the first favourable opportunity which occurred for this being done, without thereby drawing attention to the delay which had occurred in bringing it into force.
The draft Order for the repeal of the Somaliland Order in Council of 1989 has accordingly been drawn so as to include in its provisions the repeal of the Brunei Order in Council of 1890.
I am to enclose, for convenience of reference, a copy of "The Brunei Order in Council, 1890." together with a copy of the paragraph in Sir C. Mitchell's Report which deals with the question.†
am to request that you will take the draft Somali and Brunei (Repeal) Order in Council, 1899,” into your consideration, and favour Lord Salisbury with your opinion whether it can properly be submitted to Her Majesty in Council in its present form, and, if not, that you will indicate such amendments or modifications as you may consider necessary or desirable.
I have, &c.,
T. H. SANDERSON.
“The Somali Order in Council, 1889"; ditto, 1899.
•
↑ Sir C. Mitchell, No. 4, November 16, 1896 (Extract).
Order in Council.
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