CO885-(15-16) — Page 695

PUBLIC

RECORD OFFICE

C.O.

Reference :-

885

16 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Title of

Order.

Bonn- daries.

Definition

of terms.

Annex ation,

2.

8. I am to request you to take this letter and its enclosures into consideration and to be good enough to report at your early convenience :-

(i.) Whether the procedure suggested in paragraphs 2 and 3 of this letter for the constitution of the Gilbert and Ellice Islands as a Colony and the subsequent inclusion therein of Ocean, Fanning, and Washington Islands is free from legal objection;

(ii.) Whether the two draft Orders are sufficient and proper, for their purpose, and, if not, what amendments of their provisions appear to be necessary; (iii) By what means the King's Regulations passed under the Pacific Order in Council and purporting to apply to Ocean, Fanning and Washington Islands should, so far as those islands are concerned, be validated, and on what lines generally such validation should proceed; (iv.) Generally on the subject matter of this letter.

(Draft.)

I am, &c.,

HENRY LAMBERT,

for the Under-Secretary of State.

Enclosure 1.

GILBERT and Ellice Islands.

ORDER of the King in Council, annexing to His Majesty's dominions the Gilbert and Ellice Islands and providing for the government thereof.

At the Court at St. James's, the

PRESENT:

The King's Most Excellent Majesty in Council.

Whereas the islands in the Pacific Ocean specified in the Schedule to this Order were proclaimed as British Protectorates on the dates mentioned in the said Schedule, and whereas the native Governments of the said islands have expressed their desire that these islands should be annexed to, and should henceforth form part of, His Majesty's dominions, and whereas it has seemed expedient to His Majesty to accede to this desire and to direct that provision should be made for the peace, order, and good government of the said islands in manner hereinafter provided:

Now therefore His Majesty, by virtue and in exercise of the powers in His Majesty vested, is pleased, by and with the advice of His Privy. Council, to order, and it is hereby ordered, as follows:-

1915.

I. This Order may be cited as the Gilbert and Ellice Islands Order in Council,

II. Until further provision shall be made in respect thereof, the limits of this Order shall include the islands specified in the Schedule to this Order together with all small islands, islets, rocks, and reefs depending on them.

III. In this Order, unless the subject or context otherwise requires :--

His Majesty" includes His Majesty's heirs and successors.

Secretary of State means one of His Majesty's Principal Secretaries

of State.

*

Gazette" means the Western Pacific High Commission Gazette.

"}

High Commissioner means the officer for the time being acting as High Commissioner for the Western Pacific.

**

The Pacific Order in Council" means the Pacific Order in Council. 1893, together with any Order in Council amending the same. IV.

From and after the coming into operation of this Order, the aforesaid islands together with all small islands, islets, rocks, and reefs depending on them, shall be annexed to and form part of His Majesty's dominions and shall be known as the Gilbert and Ellice Islands Colony, hereinafter called the Colony.

3

powers

Powers

and juris-

V. The High Commissioner may, on His Majesty's behalf, exercise all and jurisdiction of His Majesty within the Colony, and to that end may take or cause to be taken all such measures, and may do or cause to be done all such matters diction. and things therein, as are lawful, and as in the interest of His Majesty's service he may think expedient, subject to such instructions as he may from time to time receive from His Majesty or through a Secretary of State.

VI. Subject to the provisions of this Order, the Pacific Order in Council shall (with the exception of Article 108), notwithstanding the cession of the Gilbert and Ellice Islands and their annexation to His Majesty's dominions, be and remain in force and continue to have full effect in the Colony as-if-it-were-a-British settlement; until other provision shall be made by His Majesty in Council.

other

VII. Subject to the approval of a Secretary of State, the High Commissioner Commis- may appoint a Resident Commissioner and so many fit persons as, in the interest sioners and of His Majesty's service, he may think necessary to be Deputy Commissioners or officers other officers as provided by the Pacific Order in Council, and may define from time may be to time the districts within which such officers shall respectively discharge their appointed. functions, provided that every officer appointed under the provisions of the said Order and holding office in the Gilbert and Ellice Islands at the commencement of this Order shall continue to hold his office in the Colony subject to the provisions of this Order.

Every such officer may exercise such powers and authorities as the High Com- Powers and missioner may, with the like approval, assign to him, subject nevertheless to such authori directions and instructions as the High Commissioner may from time to time think ties of such fit to give him. The appointment of such officers shall not abridge, alter, or affect officers. the right of the High Commissioner to execute and discharge all the powers and authorities hereby conferred upon him.

The High Commissioner may, subject to confirmation by a Secretary of State, Removal remove any officer appointed as aforesaid whether before or after the commencement of officers. of this Order.

upon

High Com- missioner

VIII. In the exercise of the powers and authorities hereby conferred him, the High Commissioner may, amongst other things, from time to time by may by Ordinance provide for the administration of justice, the raising of revenue, and Ordinance generally for the peace, order, and good government of the Colony and of all persons provide for therein, including the prohibition and punishment of acts tending to disturb the the admini- public peace. Provided as follows:-

(1) That nothing in any such Ordinance or Ordinances contained shall take away or affect any rights secured to any native in the Colony by any treaties or agreements made on behalf or with the sanction of Her late Majesty Queen Victoria, His late Majesty King Edward the Seventh, or of His Majesty, and all such treaties and agreements shall be and remain operative and in force, and all pledges and under- takings therein contained shall remain mutually binding on all parties to the same.

(2) That all laws, King's Regulations, by-laws and regulations of whatso- ever nature in force in the Gilbert and Ellice Islands at the date of the commencement of this Order shall continue in force in the Colony until repealed, revoked, or amended by or in pursuance of any Ordinance passed by the High Commissioner.

(3) That the High Commissioner, in making Ordinances, shall respect any native laws and customs by which the civil relations of any native chiefs, tribes, or populations under His Majesty's protection are now regulated except so far as the same may be incompatible with the due exercise of His Majesty's power and jurisdiction, or clearly injurious to the welfare of the said natives.

stration of

justice, &c.

IX. Every Ordinance of the High Commissioner shall be published in the Publi- Gazette, and shall, unless otherwise provided, thereupon come into operation, and cation of thereafter shall, until disallowed by His Majesty or repealed or modified by any Ordi- subsequent Ordinance, have effect as if contained in this Order, and the High Com- missioner shall take such measures as he thinks proper for giving due publicity thereto within the Colony.

nances.

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