CO885-(15-16) — Page 32

PUBLIC RECORD

OFFICE

Reference :-

「 ?། ། ‛ wwimmimC.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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reaching the age of 21 or marrying under that age and residing in Gibraltar without being themselves in Her Majesty's Service, unless they are, natives of Gibraltar and not excluded under the definition clause. These limitations, on further consideration, appear necessary, as it may reasonably be supposed that the exception made in their favour is not to be enjoyed in the circumstances mentionel, but that they are then to be placed on the same footing as other British subjects.

It

The definition clause respecting the expression "native of Gibraltar," is drawn so as to exclude, for the future, children of fathers who themselves will have no right of residence, and children born out of lawful wedlock. If the object of the Jaw, viz., to check the growth of the population and to regulate the residence of British subjects, is to be effectively carried out, this definition clause is, in my humble opinion, essential. It will avoid the difficulty which will otherwise arise under section 22 of the Aliens Order of having to refuse to allow the wives of British subjects to give birth in Gibraltar to children who would thereby acquire rights of residence not enjoyed by their parents. will also deal with the children of alien parents born in Gibraltar in contravention of the conditions of the parent's permit of residence, or by alleging inability to comply with the conditions, for reasons the validity of which it is difficult for the Government to test. have advisedly included the children of native women born out of lawful wedlock, but if desired they can be exempted by adding the words “and whose mother is not a native of Gibraltar."" Experience has shown that advantage has been taken of the absence of any such provision in the Aliens Order, and such women, by not marrying, or by concealing the marriage, have enabled their children to acquire rights of residence, though born of alien fathers. Under the clause, as it stands, exception is only intended to be made in favour of what I venture to call natives proper, that is to say, natives born of native fathers.

I

I have not made the definition clause retrospective, as I find, on closer investigation, that it would affect persons who have resided in Gibraltar so long, and under circum- stances which may fairly be said to bring them within the object of the exception. In those cases in which it may still be desired to take action, this can be done under clause 3, though the person may have been born before the date of the Order.

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The persons excluded by the definition clause could, of course, be dealt with under clause 3. but I submit that it is preferable to make express provision under the Order.

Under clause 3, besides "undesirable persons, persons violating the provisions of the Order may be expelled. The power given is very wide, but the Governor may have to net in cases which may render it highly desirable that he should not be hampered by restrictions in the law.

Clauses 5, 6, 7 and S are the original clauses amended to meet the altered form of the draft, except that in clause 8 I have introduced the words "anything in the Aliens Order in Council, Gibraltar, 1885, to the contrary notwithstanding," to make it quite clear that the penalty to be imposed is the one provided by this clause in substitution for the penalties in the Aliens Order.

I have also thought it advisable to add a saying clause with regard to the Aliens Order.

4th April, 1900.

A. M. COLL..

13214.

SIR,

No. 34.

(BRITISH GUIANA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, April 28, 1900. We were honoured with your commands signified in Mr. Ċ. P. Lucas's letter of the 10th instant, stating that he was directed by you to transmit to us a copy of a despatch from the Governor of British Guiam, dated 24th February, 1900, together with the Widows' and Orphans' Fund Ordinance II. of 1873, and a copy of the Public Officers (Widows' and Orphans' Fund) Ordinance 1873 Amendment Ordinance 1896.

That you were in doubt whether the Governor had taken a correct view of seçtion 29 of Ordinance II, of 1873, which view, it would be seen, was opposed to that of the Attorney General of the Colony.

That it seemed to you to be possible that the provisions of that section might admit of alteration of the tables so as to reduce the amount of prospective pensions, but that you doubted whether they admitted of any such alterations as might affect the amount of pensions already accrued and existing.

That Mr. Lucas was to request that we would take the matter into our consideration,

and advise you whether there was any authority under the Ordinances :—

1. To make any alteration in the amount of pensions already computed and awarded

to the widows and children of deceased contributors ;

2. To increase or diminish the rate of contribution to be made by persons who were already contributing to such fund ;

3. To alter the existing tables so as to affect in amount or otherwise the prospective pensions of widows and children of present contributors to the fund ?

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

Report-

1. That, in our opinion, there is no authority to make any alteration in the amount

of pensions already computed and awarded to widows and children of deceased contributors.

2. No. 3. Yes.

The Right Honourable J. Chamberlain, M.P.,

&c.,

&c..

&c.

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

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