CO885(2-3) — Page 507

NTIAL.

Printed for the use of the Cabinet.

A

Colonial Office,

15th May, 1871.

Differential Duties, &c.

Duties.

1. THE state of the case (legally) with regard to the imposition by Colonial Legislatures of "Differential Duties, and of Duties "at variance with Treaties entered into by Her Majesty with Foreign Nations," is as follows:-

1st. As to " Differential

Duties.

2. The Governor of every Colony is directed by ions to Governors. Royal Instructions, either to reserve for the signifi-

cation of Her Majesty's Pleasure any Bills imposing Differential Duties, or (when the power to reserve

is not vested in him) not to assent to any such Bill, unless it contains a Suspending Clause; thus in every case securing to Her Majesty the decision whether such measure should be allowed to come into operation.

3. There is only one Imperial Act in force which prohibits the imposition of Differential Duties by

3 and 14 Vict., c. 59. Colonial Legislatures, namely, the "Australian Colonies Government Act, 13 and 14 Vict., cap, 59, sec. 27."

lation

sunilar

By that Act it is provided that "no New Duty shall be imposed upon the importation into any of the said Colonies of any article the produce and manufacture of, or imported from, any particular country or place, which shall not be equally imposed

on the importation into the same Colony of the like article, &c., from all other countries and places whatsoever."

4. Following upon this Imperial Act the "Con-

to stitution Acts of New South Wales (18 and 19 Viet., cap. 54, sec, 45); Victoria (18 and 19 Vict., cap. 55, sec. 43); the Order in Council constituting

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PUBLIC RECORD OFFICE

TITTII

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C.O.

Reference -

885

3 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

3rdly. Upon the Question how far the propose

Colonial Legislation for Inter-Colonial Trade would infringe existing Imperial Treaties.

12. The Board of Trade have reported that the point could only be raised in connection with the terms of the Treaty between this country and the Zollverein of 1865, extended through the operation of the "most-favoured-nation" Article to all other countries possessing rights conferred by that stipu- lation.

The VIIth Article of that Treaty which extends the provisions of previous Articles to the Colonies and Foreign Possessions of Her Majesty, contains the following provision:-"In the Colonies and Pos- sessions, the produce of the States of the Zollverein shall not be subject to any bigher or other import duties than the produce of the United Kingdom of Great Britain and Ireland, or of any other country

of the like kind."

Upon this point the opinion of the Law Officers of the Crown has been requested, and they have reported that this VIIth Article does not preclude the Legislature of a British Possession from imposing on articles, being the produce of the States of the Zollverein, any higher or other import duties than those which are levied on articles of the like kind which are the produce of another British Possession, provided such duties are not higher or other than the duties imposed on articles of the like kind, being the produce of the Kingdom of Great Britain and Ireland.

H. T. H.

PRINTED AT THE FOREIGN OFFIOR HT T. HARRISON.—15/5/71.