9227.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
SIR,
No. 131A
(AUSTRALIA BRITISH NEW GUINEA.)
LAW OFFICERS to COLONIAL OFFICE.
[Transfer of New Guinea to the Australian Commonwealth.]
Royal Courts of Justice,
March 4, 1902.
WE were honoured with your commands signified to us on the 27th ultimo by Mr. Bertram Cox in his letter of that date, stating that you had directed him to lay before us certain papers with regard to the proposal that the Commonwealth of Australia should take over the possession of British New Guinea.
That under Section 122 of the Commonwealth of Australia Constitution Act, 1900, His Majesty the King was empowered to place any territory under the authority of the Commonwealth, and the Parliament of the Commonwealth was empowered to make laws for the government of any territory so placed under that Authority. That both the Senate and the House of Representatives of the Commonwealth of Australia had passed Resolutions authorizing the acceptance of British New Guinea as a territory of the Commonwealth, and in a telegram from the Governor-General of the 13th February, certain proposals of the Commonwealth Ministers were put forward as to the legal measures which should now be taken to carry out the transfer.
That you saw no objection to the course proposed, and Mr. Bertram Cox was accordingly to submit to us the Draft of Letters Patent and an Order in Council, the former providing that after the Parliament of the Commonwealth had made laws for the government of British New Guinea, the existing Letters Patent and Instructions providing for the government of those territories should cease to have effect, and that until that date the Governor-General of the Commonwealth was to take the place of the Governor of Queensland with respect to that Possession, and the latter providing, that, after the Commonwealth had made proper provision for the purpose, the jurisdiction of the Supreme Court of Queensland in matters of Appeal from the Courts of British New Guinea should cease to have effect.
That copies of the Instruments relating to the Government of British New Guines at present in force were transmitted with Mr. Bertram Cox's letter. That it would be noticed that no provision had been made in the Drafts submitted to us for the revocation of the Commission to the present Lieutenant-Governor of British New Guinea, or of the dormant Commission which was issued to provide for the Government of that Commission in certain events.
That Mr. Bertram Cox was to request us to take these matters into our consideration and to advise :—
(1) Whether the course proposed by the Governor-General of the Commonwealth
in the telegram of the 13th February could be lawfully adopted?
(2) Whether the Draft Letters Putent and Order in Council submitted to us were
fit and proper for the purpose intended, or if not, what amendments should be made therein ?
(3) What course should be adopted with reference to the Commission and dormant Commission above referred to. Should they be revoked by the Letters l'atent, or should they be revoked by an Instrument under the Royal Sign Manual and Signet issued after the date when the Letters Patent and the Order in Council had come into force ?
(4) Generally.
We have taken the papers submitted to us into our consideration, and in obedience to your commands have the honour to
Report-
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
1. That we see no objection to the course proposed by the Governor-General of the Commonwealth in the telegram of the 13th February.
2. We approve of the Letters Patent and Order in Council as altered and initialled by us.
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