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(3) They advise that the Secretary of State should give a direction under article 6 of the Pacific Order in Council, 1893, which will bring Pitcairn Island within the scope of the jurisdict on conferred by that Order in Council. The direction of the Secretary of State might be so framed as to apply not merely to Pitcairn Island but also to any other islands in the l'acific for which it may be desirable to make such provision. The Law Officers are further of opinion that if Christian were charged before a Court constituted under the Order (see articles 49 and 60) he could be tried and condemned, or otherwise punished, by such Court, notwithstanding the fact that the crime was com- mitted before the giving of the direction by the Secretary of State, (4) They recommend that the scope of the Order in Council of 1893 shoukl be

extended in the manner above suggested.

3. As you are aware, Pitcairn Island lies outside the present jurisdiction of the Pacific Order in Council of 1893, as defined in article 6 (1) and (2) of that Order, and steps will have to be taken, in accordance with the Law Officers' opinion, to bring it ar from the lot-day of Jannery 1805, within that jurisdiction. As there is not, so far as I am aware, any other British Possession beyond 149° 30′ west longitude, no further extension of the jurisdiction under the Order in Council will be necessary.

4. I enclose formal instructions under the 6th article of the Order in Council for effecting the purpose mentioned in the preceding paragraph, and I have to request that you will publish them at once in the Government Gazette, as well as in the manner specified in the 146th article of the Order in Council.

5. Upon the publication of these instructions, one of Her Majesty's ships will probably have to be sent to Pitcairn Island to convey the murderer and such witnesses as may be required within the jurisdiction of the Court of Fiji, in accordance with the provisions of articles 18, 60, and 89 of the Order in Council, and the trial should take place in the colony at the earliest date which may be found practicable.

R.E.W. R.B.F.

I have, &c.

8566.

No. 167.

(Canada.)

LAW OFFICERS TO FOREIGN OFFICE.

Royal Courts of Justice, MY LORD,

April 5, 1898. WE were honoured with your Your Lordship's commands, signified in Mr. Curzon's letter of the 28th ultimo, transmitting to us the papers which refer to an Act passed by the Parliament of Canada, in 1897, entitled "An Act to restrict the importation and employment of Aliens," and requesting that we would take the papers into our consideration, and favour Your Lordship with our opinion as to whether the Act contravenes or conflicts with the stipulations of existing Treaties with Foreign` Powers.

In obedience to Your Lordship's commands we have taken the papers into our consideration, and have the honour to

Report-

That, apart from Section 6. this Act cannot infringe any Treaty. Canada is at liberty to restrict the engagement of Foreign labour by persons residing in Canada, and it is to such residents only that the Act, except Sections 4 and 6, applies, and Section 4 applies to all masters of vessels of

any nationality.

Section 6 might conceivably involve a breach of a most-favoured-nation clause in favour of a country which had not itself infringed the most-favoured-nation clause in question. Such a country might have passed a law containing all the provisions of this Act except Section 6, and then this Act would apply to natives of that country who might be deported under Section 6.

The chance, however, of this contingency occurring is so remote that we do not on this ground advise the rejection of the measure, and its obvious futility is probably no reason for disallowing it.

We have, &c..

RICHARD E. WEBSTER. ROBERT B. 'FINLAY.

Instructions to the High Commissioner, Western Pacific,

Under and by virtue of the provisions of Articles 4 and 6 of the Pacific Order in Council 1893,

I the Right Honourable Joseph Chamberlain. Her Majesty's Principal Secretary of State for the Colonies, do hereby direct that jurisdiction under the said Order in Council shall be exercisable in relation to the British Settlement known as Pitcairn Island, situated in the Pacific Ocean, in longitude 130° 6′ W., and in latitude 25° 3′ S., and-that such Jurisdiction-shall be evereined us-from-the-let-day-of-January-1-07

And I hereby further direct that these Instructions shall be published in the Government Gazette of Fiji and in the manner specified in the 146th Article of the said Order in Council, and that all persons within the limits of the said Order in Council as hereby further defined shall govern themselves accordingly.

R.E.W.

R.B.F.

As Witness, &c.

The Most Honourable the Marquess of Salisbury, K.G..

&e..

&c..

&c.

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PUBLIC RECORD OFFICE

Reference :-

PLLC.O. 885

14 PUBLIC RECORD OFFICE, LONDON

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