6.
12
No further action appears to be necessary to carry out the engagements entered into in Articles IX. to XIV., as they are all fully met by "The Deleterious Drugs Ordinance, 1910."
15619
15468
I have, &c..
A. T. BRYANT.
13
No. 23.
BERMUDA.
THE ACTING GOVERNOR to THE SECRETARY OF STATE.
(Received May 21, 1912.)
(No. 33.) SIR,
No. 22.
NEWFOUNDLAND.
THE GOVERNOR to THE SECRETARY OF STATE.
(Received May 20, 1912.)
[Copy to Foreign Office, 4 June, 1912. L.F. See No. 42.] [Answered by No. 44.]
Government House, St. John's, 8th May, 1912. REFERRING to your despatch, No. 39, of the 6th March,* in relation to the International Opium Convention, I have the honour to transmit a copy of a letter from the Colonial Secretary on the subject.
You will notice that the Minister of Justice desires to obtain copies of any legislation which may be passed by the Imperial Parliament or by the overseas Dominions in respect of this matter.
I have, &c.,
RALPH WILLIAMS.
(No. 49.)
SIR,
[Answered by No. 48.]
Government House, Bermuda, 8 May, 1912.
I HAVE the honour to acknowledge the receipt of your circular despatch of the 7th of March last,* relative to the International Opium Convention.
2.
There is no settled practice here as to whether the question of adherence to such Conventions should be determined by the Governor in Council or by the Legislature.
In such a case as the present, where the adhesion of Bermuda to a Convention will necessitate the enactment of lengthy and complicated local legislation, I am advised that it would not be desirable for the Governor in Council to signify the willingness of the Colony to adhere unless the Legislature had previously pledged itself to enact the necessary laws.
3.
I shall, accordingly, be glad to learn whether you are of opinion that the concurrence of the Legislature in the course which you suggest should be sought.
4. I enclose, for your information, a copy of a minute by the Attorney-General with reference to the question of procedure above mentioned.
I have, &c.,
W. BROOK-SMITH, Lieutenant-Colonel, Royal Artillery,
Officer Administering the Government.
Enclosure in No. 22.
SIR,
Colonial Secretary's Office,
St. John's, Newfoundland, April 11, 1912. REFERRING to despatch, No. 39, of 6th ultimo, from the Right Honourable the Secretary of State for the Colonies, in relation to the International Opium Con- vention, I have the honour to intimate that the Minister of Justice reports that it is too late to prepare legislation along the lines recommended by the Convention for introduction during the present session of the Legislature. Appropriate legis- lation will, however, be introduced during next session to carry out, as far as it may be practicable, the objects of the Convention. For this purpose the Minister of Justice desires to obtain from His Majesty's Government copies of any legislation which may be passed by the Imperial Parliament, or that of any other of the overseas Dominions, dealing with this subject.
The only statute in force in Newfoundland dealing with the subject under consideration is the Pharmacy Act passed in 1910 (10 Edward VII., cap. 4),† and the amendment to the same passed during the present session of the Legislature, prohibiting the importation of the drugs mentioned in the schedule to the principal Act except by a person registered under the provisions of the same.
Herewith I beg to hand to Your Excellency, for transmission, two copies of each of these Acts.†
His Excellency
Sir R. Williams, K.C.M.G., Governor.
I have, &c.,
R. WATSON,
Colonial Secretary.
Enclosure in No. 23.
The ATTORNEY-GENERAL to the COLONIAL SECRETARY, Bermuda.
THE HONOURABLE THE COLONIAL SECRETARY,
I REGRET that I have not been able to report earlier on this matter, but it has required a good deal of consideration, and my time has been very much occupied during the past month, chiefly with official and legislative work.
2. The first difficulty which arises is as to what is the correct interpretation of
the expression" your Government" in paragraph 2 of the circular despatch of 7th March last as applied to this Colony.
3. The practice here has not been uniform as to whether the question of adherence to Imperial Conventions should be determined by the Governor in Council or by the Legislature.
4.
It appears to me that where the agreement of this Colony to a Convention necessitates local legislation to give effect to it, the Governor in Council could not safely signify such agreement unless the Legislature had previously pledged itself to enact the necessary laws.
5. In the present case our agreement to the Convention would be useless unless the various matters therein stipulated for were dealt with by local law. It seems to me, therefore, that our adherence to the Convention should be left to the Legislature to decide, unless there is some strong objection to pursuing this course.
6. If there is any doubt as to the propriety of this, the matter had better be referred to the Secretary of State for instructions.
7. A careful perusal of the Convention shows that any legislative measures giving effect to it in Bermuda would necessarily be lengthy and complicated, and as I presume that an Imperial Statute will be passed to give effect to the Convention in the United Kingdom we had better wait until a local Act can be drawn on the same lines.
↑ Not reprinted.
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PUBLIC RECORD OFFICE
Reference :-
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22 PUBLIC RECORD OFFICE, LONDON
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