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PUBLIC RECORD OFFICE. LONDON

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State whose service they have joined and cannot be transferred to another State. Unequal casualties may leave a dearth of good clerks or technical subordinates in one State and a superfluity in another. Legislation can preserve their pension rights on a transfer but it is not easy to see how a transfer that is resisted can be enforced under a system of State Services. On the other hand we do not want to make these services Federal in all cases and the Unfederated States would be most unlikely to agree to Euch a suggestion. The question of the subordinate staff of the Post Office and other Federal Departments is on a different footing and will have to be worked out separately. It will simplify matters if they can be treated as State officers seconded for service in the State under the Federal Government but this may not be possible.

Excise.

The present Excise Enactment deals with two distinct matters, the imposition of a duty of excise on the manufacture of certain articles and the licensing of places for the sale of intoxicating liquors. The latter is clearly a matter for each State, but the imposition of an excise duty and the regulation of the manufacture of dutiable articles seems to be a matter of common interest, and as such should be allocated to the Federal Government.

Immigration.

This is a matter of common interest since immigrants, once entered, can move freely from State to State. The relevant Enactments are the Passport Enactment, 1920, the Passengers Restriction Enactment, 1922, and the Restriction of Immigration Enactment passed last year to meet the special circumstances.

International Obligations.

There are an increasing number of matters in which our position as Protected States involves adherence to an International Convention or Agreement. These com- prise certain marine matters (Collision and Salvage, Prevention of Collision at Sea, and Carriage of Goods at Sea) in which our legislation follows the terms of International Conventions, and our obligations under the Opium Convention. The Enactments implementing these are the Deleterious Drugs Enactment, 1928, and the Opium and Chandu Enactment, 1930. There is also the Female Domèstic Servants Enactment, 1925, dealing with the position of "mui tsai.”

Another matter of the same nature is extradition where political reasons require the territory to be treated as a whole for the purposes of adhesion to Imperial treaties though the surrender is a matter for the State in which the accused person is found.

Labour.

This is not in itself in a different position from other Government Departments, e.g., Education, which will not be Federal but will remain State Departments, but there are, it is understood, political reasons why the subject should be transferred to the Central Government. The Indian Government is believed to make it a condition of emigration that the Controller of Labour should have administrative powers in all States in which Indian labour is employed. The Labour Code will in this case have to be a Federal law.

There are a number of other Enactments dealing with labour which must be considered in this connexion. Netherlands Indian Labour Protection and Workmen's Compensation will presumably be Federal laws, but the position of Chinese officers will be somewhat difficult. As Deputy Controllers of Labour they will be Federal officers, responsible to the Controller and not to the State Government, but they will also be protectors of Chinese, and as such under the State Government, and it will not always be easy to distinguish the capacity in which they are acting.

The position of the Secretary for Chinese Affairs also requires consideration. The statutory powers which he possesses under the Enactments of 1899 are in some cases out of date and in others unnecessary. They have no counterpart in the Colony, which has never had any corresponding law, and such of them as are retained might be con- ferred upon the protector. The appointment of Secretary for Chinese Affairs, Federated Malay States, would in this event disappear.

Lepers and Lunatics.

As has been already pointed out the reason for transferring these is economic convenience and not common interest. The laws concerned are the Lepers Enactment, 1926, and the Mental Disorders Enactment, 1922.

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Loans and External Debt.

These are matters of common interest. Provision for the raising of loans is made in the General Loan and Inscribed Stock Enactment, 1921, and the two Treasury Bills Enactments of 1923, of which incidentally no use has been made until the present month. The powers of the Chief Secretary under these will be vested in the High Commissioner.

The existing public debt of the Federated Malay States is secured by Enactment 14 of 1921, Straits Settlements Loan (No. 2). Only the present Federated States have received any advantage from this loan, and it cannot be re-enacted as a Federal law applicable to more than these four States. As, however, the creditor of the Federated Malay States is the Government of the Straits Settlements and not the individual sub- scribers to the loan the financial experts may be able to devise some means of serving the security which can be accepted in lieu of the existing enactment. The pre- question of the further loan which is understood to be intended can be considered when the circumstances of this loan are known. There are two enactments dealing with internal loans. The first of these is the Planter's Loans Fund Enactment, 1915. This will presumably remain a Federal matter. The other Enactment, Government Loans Security, 1910, will be required as a State law to preserve existing State loans, and will probably also be required as a Federal law as well.

Marriage and Divorce.

(a) Christian. The Christian Marriage Enactment, 1915, and the Divorce Enact- inent, 1928, regulate Christian marriage and divorce. This is a matter in which the

law should be uniform and these should be Federal laws.

(b) Mahommedan.-This is entirely a matter for the States as it concerns the Mahommedan religion with which we are bound by treaty not to interfere.

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(c) Hindu and General.-There are two enactments, the Hindu Marriage Regis- tration Enactment, 1924, and the Marriage Registration Enactment 1911, which vide for the registration of marriages. Such registration is purely optional, and the Enactments contain no provision as to the constituents of a valid marriage. Regis- tration does not affect the actual validity, but creates a presumption only. There is no reason why these laws which are not of common interest should be Federal.

Posts and Telegraphs.

This is a matter of common interest and manifestly Federal. Like Customs it involves Federal administration as well as Federal legislation. The laws governing the Department are the Post Office Enactment, 1924, the Telegraphs Enactment, 1905, and the Wireless Telegraphy, 1913, and the High Commissioner will be vested with the legal powers of the Chief Secretary under these Statutes.

The Government Savings Bank is so closely bound up with the Post Office that this, too, should be a matter for the Central Government.

Printing Presses.

The law for the control of printing presses should, it is suggested, be uniform, and if so this is a matter for the Central Government. It is now contained in the Printing Presses Enactment, 1924.

Private Incorporations.

There have been some dozen Enactments passed for the purpose of creating Statutory Corporations, and as their activities will extend over the whole territory, and they may hold property in any State, it is advisable that these incorporations should be made by Federal laws in each case.

Quarantine.

In such a small country as ours with free internal communications quarantine regulations are a matter of common interest and should, at any rate as regards the introduction of disease from outside, be a matter for the Central Government. Control of the spread of disease on land is probably a matter for the State Governments, and the law will have to be drafted accordingly. The restrictions imposed by the Central Government can be enforced by the State Governments- and Federal administration should not be necessary.