CO885-(13-15) — Page 736

8715.

*

SIR,

No. 16.

(GIBRALTAR.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, February 1, 1900.

WE were honoured with your commands, signified in Mr. Bertram Cox's letter of the 23rd ultimo, stating that he was directed by you to transmit to us two confidential despatches which had passed between yourself and the Governor of Gibraltar, with reference to the accompanying Draft of an Order in Council extending the Aliens Order in Council, Gibraltar, 1885, and to our Report, No. 234, of October 19th, 1899,* upon which that Draft was based.

That Mr. Bertram Cox was also to enclose correspondence with the War Office on the subject of the proposed Order in Council, from which it would be seen that, subject to certain suggestions made by Lord Lansdowne, the Draft had met with the general approval of the Department.

That in our Report referred to above we advised that power could be given to the Governor by Order in Council (a) to expel and exclude any undesirable person, whether a British subject or not, and (4) to place all persons, other than natives of Gibraltar, under the provisions of the Aliens Order in Council.

That in giving effect to this opinion, the power of expelling and excluding. undesirable persons, whether British subjects or not, indicated in (a) was not expressly provided for in the Draft as the Governor observed, but that an attempt was made to attain that object by the proviso to Clause 2 which gave the Governor power, with the previous sanction of a Secretary of State, to declare any person, anything in the Order to the contrary notwithstanding, and whether born before or after the date of the Order, to be a "stranger," and thus to bring him within the provisions of the Aliens' Order in Council in virtue of Clause 7.

That it would be further observed that sub-heads (3) and (4) of clause 2.of the Draft also included among strangers" persons who were actually natives of Gibraltar, viz., (3) a native of Gibraltar born before or after the date of this Order, whose father was a stranger as defined in the Order, and (4) a native of Gibraltar born before or after the date of the Order out of lawful wedlock.

That clauses 3 and 4 of the Order were derived from similar legislation dealing with undesirable immigrants, in force in other Colonies.

That the Governor raised the question whether the Order as drafted 'did not, in respect of the points mentioned in paragraphs 3 and 4 of Mr. Bertram Cox's letter, go beyond the powers which we had advised might be exercised by Order in Council, and that Mr. Bertram Cox was consequently to request us to take the papers into our consideration, and to favour you with our opinion—

Whether the Draft Order in Council, subject to the alterations approved in the letter from the Colonial Office to the War Office of 29th December, 1899, was sufficient for its purpose, or whether, in respect of clause 2, it went beyond the powers which we Fad already advised, or now considered might be exercised; and, if so, in what particulars we ́considered that it should be amended.

We have taken the papers into our consideration, and in obedience to your commands have the honour to

Report,

That we do not consider it desirable that the proposed Order in Council should receive Her Majesty's sanction in its present form.

The proposal to give the Governor power to declare any person, although a native of Gibraltar, to be a stranger, appears to us to be open to grave objections. We would suggest that the Draft Order in Council should be redrawn on the lines of giving directly to the Governor power to expel from Gibraltar any undesirable person, and of applying the provisions of the Aliens Order in Council to all persons other than natives of Gibraltar. We cannot think it desirable that these objects should be attained by

No, 234 in Vol. V.

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4-06 -25-38900 WA ̈439 D&S

b

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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