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As regards the draft Enactment, we understand that the assumption upon which this legislation is being framed is that the Malay States are sovereign States outside the ambit of British statute law. In these circumstances, it seems highly anoma- lous and confusing for a Malay State to enact that offenders within its territory should be arrested and dealt with" in pursuance of the provisions" of the law of another State. For example, it is proposed to excise Sections 7, 8, and 9 of the original draft as covering ground which is already sufficiently covered by the Imperial Act, and does not require any supplementary local legislation "—(letter of reference dated March 25th, 1914). How can the provisions of an Imperial Act which is limited to British territory cover territory which is not British? Or, to take another example, paragraph 13 of the amended draft begins "Where any part of this Enactment or of the Imperial Act provides for the trial in the Federated Malay States of a person accused
How can an Imperial Act provide
for such trial in a State which, er hypothesi, is not affected by such Imperial Act, and, therefore, requires legislation of its own?
There may be good reasons for so drafting the Malay law, but no reasons are indicated in the documents before us; and the draft follows a plan of Malay legisla tion by reference to British statute law which makes it difficult to understand upon what assumption as to the relation between the Imperial Parliament and the Malay States it is based.
We would suggest that the draftsman might consider the alternative course of framing a Malay statute, comprehensive in its terms, which is not dependent for its meaning and effect upon any reference to the British Act.
Law Officers' Department.
15th July, 1914.
JOHN SIMON.
STANLEY O. BUCKMASTER.
24244
No. 176.
(NIGERIA.)
COLONIAL OFFICE to LAW OFFICERS.
[Power of Governor and Legislative Council of the Colony of Nigeria and the Governor of the Protectorate of Nigeria to legislate jointly for matters affecting the whole territory.]
Downing Street, 9 July, 1914. I AM directed by Mr. Secretary Harcourt to transmit to you the following instruments recently issued with regard to the Government and Protectorate of Nigeria:
GENTLEMEN,
Letters Patent, dated the 29th of November, 1913, constituting the office of Governor and Commander-in-Chief of the Colony of Nigeria, and provid- ing for the government thereof:
Royal Instructions, dated the 29th of November, 1913, to the Governor and Commander-in-Chief of the Colony of Nigeria:
An Order of the King in Council, dated the 22nd of November, 1913, pro- viding for the exercise of His Majesty's jurisdiction in the Protectorate of Nigeria:
Royal Instructions, dated the 29th of November, 1913, to the Governor and Commander-in-Chief of the Protectorate of Nigeria.
2. You will observe that it is provided in Articles VII. and VIII. of the Letters l'atent that there shall be a Legislative Council in the Colony who shall have power, subject to the negative voice of the Governor and to certain other restric- tions, to establish such Ordinances as may be necessary for the peace, order, and good government of the Colony. In the Protectorate, on the other hand, the power of legislating for the Protectorate is vested, under Article VIII. of the Order in Council, in the Governor (who is, by virtue of Article IV. of the Order in Council, the same person as the Governor of the Colony) alone. It is further provided by Article XXVII. of the Royal Instructions relating to the Colony that Ordinances made for the Colony shall contain the enacting words" enacted by the Governor of the Colony of Nigeria, with the advice and consent of the Legislative Council thereof," and by Article V. of the Royal Instructions relating to the Protectorate that Ordinances made for the Protectorate shall contain the enacting words" enacted by the Governor of the Protectorate of Nigeria."
3. At the time when these instruments were drawn up it was contemplated that there would be two separate series of Ordinances, one relating to the Colony and another to the Protectorate. It has since been found, however, that this procedure gives rise to considerable difficulty and inconvenience, and it is desired to take steps to make it possible for single Ordinances to be enacted which shall apply to both Colony and Protectorate.
4. With this object the enclosed draft of the essential clauses of an Order in Council has been prepared, and I am to request you to be so good as to report whether in your opinion the draft carries out the intention with which it has been framed. 5. The matter is one of considerable urgency, and I am to ask for the favour of a very early reply.
I am, &c.,
H. J. READ,
for the Under-Secretary of State.
PUBLIC RECORD OFFICE
Reference :-
TLC.O.88
.885
16 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
26826
REPORT.
In our opinion an Order in Council embodying the clauses contained in the draft which we have initialled and transmit herewith would properly effect the object in view.
Law Officers' Department,
22nd July, 1914.
JOHN SIMON.
STANLEY O. BUCKMASTER.
(1971-2) Wt. 121-872
27 MIL DAS 0.1.
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