CO885-(15-16) — Page 443

PUBLIC RECORD OFFICE

Reference :-

།] C.O.885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

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16 PUBLIC RECORD OFFICE, LONDON

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(2) If so, whether in the event of the Governor refusing his fiat a further petition lay directly to His Majesty?

(3) Generally as to the proper procedure with reference to the fiating of petitions of right presented by persons in Gibraltar?

+

We have taken the matter into our consideration, and, in obedience to Your Lordship's commands, have the honour to

Report--

That (1) in our opinion the Governor has no power to fiat petitions of right in Gibraltar.

(2) In default of any legislative enactment or Order in Council regulating the presentation of petitions of right by British subjects in Gibraltar and the fiating of such petitions, we think that the presentation should be made through the Secretary of State for the Colonies to the Sovereign for his fiat.

The Right Honourable

The Earl of Elgin, K.G.,

&c.. &c.,

&c.

We have, &c.,

JOHN L. WALTON. W. S. ROBSON.

8608/1907.

No. 41A.

(CANADA.)

[Relative Rank of Imperial and Canadian Military Officers.]

[Further Case submitted for the Opinion of the Law Officers.]

Herewith are sent papers previously laid before the Law Officers and their Opinion thereon, dated 25th June, 1906.*

In reference to the opinion of the Law Officers in this matter the Treasury Solicitor has received the following Minute from the War Department :-

;

Treasury Solicitor,

1. Before proceeding with further action we should like, if possible, to be absolutely clear as to the bearing of the answer of the Law Officers to Questions 3, 4, and 5. Do you consider that the following interpretations are correct? :-

(A) That the effect of the amendments to King's Regulations which we propose will be that all permanent force Canadian officers will be constituted British Regular officers, and all other Canadian officers will be constituted British Militia officers. This strikes us as rather sweeping, but see Law Officers' opinion where underlined in green.†

(B) That, in view of possessing this British status, such officers, when serving with British troops alone (ie., where there are no Canadian troops also) will be subject only to the Army Act and British military law, and not at all to Canadian military law. This is what we understand to be meant by the word "absolutely." (c) That such officers when serving with the Canadian Militia, whether with or without British troops as well, will be subject in virtue of their British status to British military law, and in virtue of their Canadian status to Canadian military law further, that in case of discrepancy between the two codes there will simply be a conflict between them, and that the provisions in the Army Act (Section 175 (4)) and Canadian Militia Act (Section 74) under which the former Act ordinarily does not run when incon- sistent with the latter, will not then apply.

herewith.

2. As regards A. of the Law Officers' Opinion, is it now the case that This is Imperial officers serving with the Canadian Militia are subject in virtue of shewn on the Canadian commissions which they hold to Canadian military law to the opinion exclusion of British military law, where the two codes conflict?

9th July, 1906.

H. MOANALLY.

The Treasury Solicitor has prepared the following Minute in reply:-

As I read the Opinion :—

1. (A) The Law Officers, speaking of the new regulations they propose, do not mean that officers of the Canadian Militia would actually become com- missioned officers of the British Regular Army or British Militia, as the case may be, but that for the purposes of rank, command, and British military law they would be placed on the same footing.

(B) I so read their Opinion.

(c) Yes. I understand the Law Officers to suppose that there might be a conflict between the codes, and they expressly indicate alternative courses, one of which will be necessary for the purpose of avoiding any resulting incon- venience.

* No. 35B.

↑ Shown in italics.

23 WS 97 6107 D & S 6 27934