CO885-(15-16) — Page 421

No. 29.

(CAPE.)

1. That there is no legal objection to a law for Mauritius on the lines indicated in paragraph 6 of Mr. Bertram Cox's letter of the 16th January, 1906. That para- graph, however, seems not quite clear as to whether or not the publication of the petition is to be privileged. We apprehend that the proposal is that the privilege attaching to the petition should be absolute, but that the privilege attaching to the publication should be qualified, viz., capable of being destroyed by proof of malice.

2. The proposal can be carried into effect by an Ordinance of the Colonial Legislature or by an Order in Council, but the former course seems preferable.

We have, &c.,

JOHN L. WALTON. W. S. ROBSON,

The Right Honourable

The Earl of Elgin, K.G.,

&c., &c.,

&c.

}

LAW OFFICERS to COLONIAL OFFICE.

[Question whether the Licence granted to Mr. T. C. Kerry to occupy certain islands in in South Atlantic for the purpose of removing guano should be revoked.]

Royal Courts of Justice,

MY LORD,

March 2, 1906. WE were honoured by your Lordship's commands signified to us by Mr. Graham in his letter of the 17th February last, stating that he was directed by your Lordship to transmit to us the copy of a licence granted to Mr. T. C. Kerry to occupy certain islands in the South Atlantic Ocean for the purpose of removing guano and other. fertilizing substances.

That he was to request us to take the papers into our consideration, and to report:-

(1.) Whether the facts disclosed during the course of the proceedings against Mr. Kerry were such as to justify the determination of the licence (a) on the ground that he has committed a breach of the Covenant contained in the sixth clause relating to the conveyance of small quantities of goods to and from the island of Tristan da Cunha; or (b) on the ground that the conduct of Mr. Kerry with regard to the conveyance of parcels to Tristan da Cunha constitute other grounds" justify- ing the Secretary of State in coming to the conclusion that it is expedient that the licence should be revoked; (2) whether, having regard to the provision for determi- nation it would be competent for the Secretary of State to determine the licence on the ground that information received subsequently to the date of grant, but relating to events which took place before that date, had satisfied him that Mr. Kerry was not a fit and proper person to continue to hold the licence; (3) if the second question could not be answered unrestrictedly in the affirmative, whether having regard to the fact that the terms of the licence showed that it was granted partly in the interests of the inhabitants of Tristan da Cunha, and to the fact that the remoteness of these islands rendered it impossible to exercise any effectual supervision or control over the acts of the licensee or to protect the inhabitants of Tristan da Cunha against wrongful acts on the part of the Licensee or his agents, it would be competent for the Secretary of State to determine the licence on the ground that it was not expedient that it should be held by a person of Mr. Kerry's antecedents; (4) and generally whether there was anything we could add for the guidance of the Secretary of State in dealing with the question; (5) should we come to the conclusion that the licence should be revoked your Lordship would be glad to be favoured with an indication of the terms in which this decision should be notified to Mr. Kerry.

That as it would be seen from the letter, dated 8th February, 1906, that Mr. Kerry was pressing for information as to the course to be adopted by your Depart- ment in future with regard to the conveyance of parcels for the inhabitants of Tristan da Cunha, he was to request that we would favour your Lordship with our advice at our earliest convenience.

I have taken the matter into my consideration, and, in obedience to your Lord. ship's commands, have the honour to

Report―

That (1.) (a) and (b) having regard to the course and result of the trial, the facts then disclosed cannot be safely relied on as constituting a breach of the covenant contained in the sixth clause of the Indenture of 20th April, 1904, or as constituting

.

other grounds" justifying the Secretary of State in coming to the conclusion that it is expedient to revoke the licence.

(2.) That it is competent for the Secretary of State to consider information received subsequently to the date of the grant, but relating to events which took place before that date, to satisfy himself on the question whether or not Mr. Kerry is a fit and proper person to continue to hold the licence.

95 Wt 2615 4,00 D & S

24031

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PUBLIC RECORD OFFICE

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