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2835.

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

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

15 PUBLIC RECORD OFFICE, LONDON

SIR,

No. 124.

(MALTA.)

LAW OFFICERS TO COLONIAL OFFICE.

[Right of the Crown to disallow Ordinances.]

Royal Courts of Justice,

January 21, 1902.

We were honoured with your commands, signified in Mr. Bertram Cox's letter of the 31st ultimo, stating that he was directed by you to request our consideration of a question which had arisen with respect to the exercise of the right of the Crown to disallow Ordinances passed in Malta.

That Mr. Bertran Cox was to transmit to us copies of the Letters Patent and Instructions at present in force relating to the Constitution of that Island. That under Article XXVI. of the Letters Patent of the 12th December, 1887, when the Governor assented to an Ordinance, he transmitted it to the Secretary of State, duly authenticated, and if at any time within two years from the date of the Governor's assent the Royal pleasure was notified to the Governor through the Secretary of State that the Ordinance or any part of it was disallowed, the Ordinance or the disallowed became void from the date of the Governor's Proclamation signifying, the part disallowance.

That in a despatch dated the 25th July, 1900, the Governor transmitted to you Ordinance No. XI. of that year entitled "An Ordinance to amend the Criminal Laws," and in a despatch dated the 17th September the Governor was informed by you that Her late Majesty would not be advised to exercise Her power of disallowance with respect to that Ordinance,

That those despatches and the Ordinances referred to accompanied Mr. Bertram Cox's letter.

That in a despatch dated the 4th November, 1901, which was enclosed, the Governor called attention to a defect in the Ordinance, and asked that the power of the Crown to disallow in part, should be exercised with respect to Ordinance No. XI. of 1900 in the manner set out in paragraph 3 of that despatch. That he enclosed copy of the Ordinance containing the amendments required marked in red ink. That in reply the Secretary of State, in a despatch dated the 26th November, expressed the opinion that it was not contemplated by Article XXVI. of the Letters Patent that an Ordinance, or any part of an Ordinance, should be disallowed after the Secretary of State had signified that the Sovereign would not be advised to exercise His power of disallowance with respect to it, and that the Secretary of State was of opinion that such signification exhausted the power provided for in the clause.

That the Secretary of State accordingly suggested that the defects in the Ordinance should be removed either by legislation in the Council of Government, or by an Order of His Majesty in Council under Article 44 of the Letters Patent of the 12th December, 1887. That the Secretary of State, however, expressed his willingness to consult the Law Officers of the Crown if the legal advisers of the Governor of Malta held a contrary opinion.

That, in a despatch dated the 17th December, 1901, the Governor had expressed the desire that we should be consulted, and he enclosed a memorandum (which was transmitted to us) by the Chief Secretary to the Government, setting forth the reasons for differing from the conclusion at which you had arrived, That unable to concur in the view that the signification of the Royal assent is an internal arrangement of a departmental nature.

you were

That Mr. Bertrain Cox was accordingly to request us to take these matters into our consideration, and to advise :—

(1) Whether, under the Constitution of Malta, there was any power to disallow wholly or in part an Ordinance within two years of the date of the Governor's assent, notwithstanding the fact that the Governor had been informed that the power of the Crown to disallow would not be exercised in respect of the Ordinance ?

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