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PUBLIC RECORD OFFICE

Reference :-

TILICO. 885

12 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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No. 118.

(FIJI.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Temple, 29th November 1876. We are honoured with your Lordship's commands, signified in Mr. Herbert's letter of the 23rd September last, stating that he was directed by your Lordship to request that we would favour your Lordship with our opinion on certain questions raised in a Despatch from Sir A. Gordon, the Governor of Fiji, in relation to the validity of several Ordinances recently passed by the Legislature of that Colony.

2. That these questions were of general importance, as they involved the considera- tion of the limits which might exist to the exercise of the Royal Prerogative of legislation in Crown Colonies, and to the powers of legislation possessed by Crown Councils in such Colonies since the passing of the Colonial Laws Validity Act, and that Mr. Herbert was to enclose a copy of a printed Memorandum on the subject prepared in the Colonial Office Department, in which we would find indicated, at page 17, the precise points on which your Lordship was desirous of being favoured with our opinion.

3. That your Lordship would be glad to know whether we concurred in the views expressed in that Memorandum as to the validity of the enactments of the Fiji Ordinances specially referred to, and as to the replies which should be given to the three specific questions submitted by Sir A. Gordon. That Mr. Herbert was to request that we would favour your Lordship also with our opinion on the following questions:-

Firstly. Whether the Crown, in the exercise of its prerogative of legislation over Colonies obtained by conquest or cession, is precluded from imposing any law which, in the words of Lord Justice Mellish, cited at page 11 of the Memorandum, "deprives British subjects of their rights," or in other words, any law which would abridge the liberty of person and the rights of property secured to the subject in this country by the fundamental principles of the British Constitution, or whether, as your Lordship apprehends, the legislative power of the Crown in such Colonies is absolute.

Secondly. Whether the Legislatures of Crown Colonies established by Charter, and composed exclusively of members nominated by the Crown, are placed, since the passing of the Colonial Laws Validity. Act, on the same footing as regards their powers of legislation.

4. That Mr. Herbert was to enclose, for our consideration, the various documents ir A. Gordon's noted in the margin, and referred to at page 17 of the printed Memorandum.

In obedience to your Lordship's commands we have the honour to

Report

That we concur in the views expressed in the Memorandum as to the validity of the enactments of the Fiji Ordinances specially referred to, and as to the replies which should be given to the three specific questions submitted by Sir A. Gordon.

That we answer the two general questions put to us as follows:

Dospatch of the

23M1 of February 1878.

Sir A. Gordon's Commission and Instructions

Lord Carnarvon's Despatch to Sir

Administration Par. Paper. P

of Justice in Fij

12, 13, 14. Fiji Ordinances referred to in Sir A. Gordon's

Printed Men...

Despatch.

1. The Crown, in the exercise of its prerogative of legislation over Colonies obtained

by conquest or cession, is precluded from imposing any law which "deprives mutum. British subjects of their rights only by its own inherent sense of justice; and no law so imposed could be pronounced invalid by any tribunal on the ground that it deprived British subjects of their rights, unless such law was at the same time repugnant to the provisions of an Act of Parliament extending to the Colony, or of au order or regulation having the force of an Act of Parliament therein.

2. The Legislatures of Crown Colonies established by Charter, and composed exclusively of members nominated by the Crown, are placed, since the passing of the Colonial Laws Validity Act, on the same footing as the Legislatures of Representative Colonics as regards their powers of legislation.

We have, &c.,

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

(Signed)

JOHN HOLKER. HARDINGE S. GIFFARD.

▲ 12916.-117. 25.—12 +1.

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