30242
LONDON:
PRINTED FOR HIS MAJESTY'S STATIONERY OFFICE,
Br DARLING & SON, LTD., 91-10, Bacos STREET, K
1002.
No. 160.
(AUSTRALIA.)
LAW OFFICERS to COLONIAL OFFICE.
[Effect of the Immigration Restriction Act, 1901, upon British Treaties under the Merchant
SIR,
Shipping Act.]
Royal Courts of Justice, July 23, 1902.
We were honoured with your commands, signified to us by Mr. Bertram Cox in his letter of the 14th instant, stating that he had been directed by you to request our consideration of a question which has arisen as to whether Treaties between Great Britain and foreign countries for the surrender of merchant seamen deserters exempt vessels of those countries from the provisions of the Immigration Restriction Act, 1901, of the Commonwealth of Australia.
That from the telegraphic correspondence enclosed it would be seen that the Commonwealth Government considered that the Immigration Restriction Act was not in conflict with the provisions of the Treaties concluded by His Majesty's Government under Section 238 of the Merchant Shipping Act, 1894; but that, as there was thought to be some doubt on the point, you would be glad to be favoured with our opinion.
That he was, therefore, to request that we would take into our consideration the papers noted in the margin of his letter and transmitted therewith, and report:-
(A) Whether the Immigration Restriction Act, 1901, of the Commonwealth of Australia is in conflict with the Treaties concluded by His Majesty's Government under Section 238 of the Merchant Shipping Act, 1894?
(B) If so, whether the stipulations of the Treaties referred to have been incor- porated in any Imperial Act which would prevail over the Australian Act now in question?
We have taken the matter into our consideration, and, in obedience to your commands, have the honour to
As follows:-
(A) No.
Report
There is nothing in the Immigration Act, 1901, of the Commonwealth of Australia which interferes with the Treaties concluded by His Majesty's Government under Section 238 of the Merchant Shipping Act, 1894.
(B) Does not arise.
The Right Honourable
J. Chamberlain, M.P., &c..
&c.,
&c.
12014-25-7 1912 W1 2751
D&
We are, &c.,
R. B. FINLAY. EDWARD CARSON.
PUBLIC RECORD OFFICE
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