the return of duty paid upon goods subsequently supplied for the use of His Majesty's Land Forces. These goods appear to have been so supplied, and inasmuch as the duty if paid would have had to be returned we do not think it ought now to be exacted.
R. B FINLAY. EDWARD CARSON,
12727
Law Officers' Department,
23rd March, 1903.
Į
SIR,
No. 182.
(STRAITS SETTLEMENTS.)
LAW OFFICERS to COLONIAL OFFICE.
[Anneration of C'wos-Keeling Islands to the Straits Settlements.]
Royal Courts of Justice,
April 3, 1903. WE were honoured by your commands, signified to us by Mr. Lucas in his letter of the 19th of March last, stating that he was directed by you to transmit to us the draft of an Order which, in accordance with paragraph 6 of our report of the 7th of February last, it was proposed to submit to His Majesty in Council to provide for the annexation of the Cocos-Keeling Islands to the Colony of the Straits Settlements. That this draft, if approved by us and by His Majesty in Council, would be trans- mitted to the Governor with directions to introduce into the Legislative Council of the Colony of the Straits Settlements such measures as might be necessary to provide for the government of the islands and to give jurisdiction to the Courts of the Colony to deal with matters arising therein.
That it would be observed that although such a provision might not strictly be necessary, power had been given to the Legislature of the Straits Settlements to make laws for the Cocos Islands before they were actually annexed to the Colony, these laws being made to come into force concurrently with the annexation of the Cocos Islands to the Straits Settlements. That it was presumed that the Cocos Islands, having been acquired by conquest, and His Majesty having, therefore, the power to make laws for them by Order in Council, and also having power under the Act 29 and 30 Vict., cap. 115, section 2, to make laws for the Straits Settlements by Order in Council, that the provisions of this clause might properly be inserted in the draft Order.
That he was to request us to take these matters into our consideration and to advise you
(1) Whether the provisions of the draft Order in Council are sufficient and proper for the purpose intended?
(2) Whether the instructions which it is proposed to give to the Governor of the Straits Settlements meet with our approval?
We have taken the matter into our consideration, and, in obedience to your com- mands, have the honour to
Report-
That (1) as altered in red ink and initialled by us we approve of the draft Order in Council.
(2) We do not think that the Legislative Council of the Straits Settlements can, until after the proclamation of the alteration of the boundaries of the Colony, legislate for the Cocos Islands, nor in our opinion would the insertion of Clause 2 in the proposed draft Order in Council enable it to do so. Any such legislation should be passed after the extension of the boundaries, though, of course, such legislation may be prepared and ready for submission to the Legislative Council immediately upon the promulgation of the Proclamation.
(3) Nothing further occurs to us.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
We have, &c.,
R. B. FINLAY. EDWARD CARSON.
The Right Honourable
Joseph Chamberlain, M.P.
&c.,
&C.,
&c.
• No. 177.
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