CO885-(15-16) — Page 696

PUBLIC RECORD OFFICE

Reference :-

IIIINC.O.885

16 PUBLIC RECORD OFFICE, LONDON

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

may be disallowed.

+

Ordinances. X. His Majesty may disallow any such Ordinances wholly or in part and may signify such disallowance through a Secretary of State, and, upon such disallowance being notified in the Gazette, the provisions so disallowed shall, from and after a date to be mentioned in such notification, cease to have effect, but without prejudice to anything theretofore lawfully done thereunder. Due notification shall be publicly made by the High Commissioner within the Colony of the disallowance of any such Ordinance.

Public notifi- cation of disallow- ance of

Ordinances

XI. The High Commissioner shall use the official seal of the High Commission to be made, for sealing all things whatsoever relating to the Colony that are required to be

under the public seal.

Suspen- sion,-

Grant of pardon, &c.

Publication

of Order and

date of coming into operation.

Power to'

XII. The High Commissioner may, upon sufficient cause to him appearing, suspend from the exercise of his office any person holding or exercising any office within the Colony, whether appointed by the High Commissioner or under or by virtue of any commission or warrant granted, or which may be granted, by His Majesty in His Majesty's name or under His Majesty's authority, which suspension shall continue and have effect only until His Majesty's pleasure therein shall be signified to the High Commissioner by a Secretary of State. The High Commis- sioner, in proceeding to any such suspension, shall observe the directions in that behalf given to him by any instructions from His Majesty or signified through a Secretary of State.

XIII. When any crime or offence has been committed within the Colony, or for which the offender may be tried therein, the High Commissioner may, as he shall see occasion, in His Majesty's name and on His behalf, grant a pardon to any accomplice in such crime or offence who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders, if more than one; and, further, may grant to any offender convicted of any crime or offence in any Court or before any judge or other magistrate within the Colony, a pardon, either free or subject to lawful conditions, or any remission of the sentence passed on such offender, or any respite of the execution of such sentence, for such period as the High Commissioner thinks fit, and may remit any fines, penalties or for- feitures due or accrued to His Majesty. Provided always that the High Commis- sioner shall in no case, except where the offence has been of a political nature unaccompanied by any other grave crime, make it a condition of any pardon or remission of sentence that the offender shall be banished from, or shall absent himself or be removed from, the Colony.

XIV. This Order shall be published in the Gazette, and shall thereupon commence and come into operation, and the High Commissioner shall give directions for the publication of this Order at such places, and in such manner, and for such time or times as he thinks proper for giving due publicity thereto within the Colony. XV. His Majesty may from time to time revoke, alter, add to, or amend this

revoke, &c. Order.

And the Right Honourable Lewis Harcourt, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

*Union Group, viz. :—

Fakaafu

Nukunono Atafu

SCHEDULE.

Date of declaration

of Protectorate.

June 20-22, 1889.

• To be included if we get the consent of these Islands in time. See despatch on 51902.-- G. W. J.

Gilbert Group, viz. :-

Arorai

Tamana

Onoatoa

Peru Nukunau Taputeuea Nonuti Aranuka Kuria Apamama Maiana Tarawa Apaiang Maraki Taritari Makin

Ellice Group, viz.

Vaitupu Niutao Nanomea

Nanomana

Nui Nukufetau

Funafuti

Nukulailai Nurakita

5

Date of declaration

of Protectorate.

Enclosure 2.

May 27th, 1892.

September, 1892.

Draft Order in COUNCIL for extending the boundaries of the Gilbert and Ellice Islands.

Whereas by the Colonial Boundaries Act, 1895, it is provided that where the boundaries of a Colony have either before or after the passing of that Act been altered by Order in Council or by Letters Patent, the boundaries as so altered shall be, and be deemed to have been from the date of the alteration, the boundaries of the Colony;

And whereas it is expedient that the boundaries of the Gilbert and Ellice Islands Colony should be altered so as to include Ocean Island, Fanning Island, and Washington Island;

Now, therefore, His Majesty, by virtue and in exercise of the powers by the Colonial Boundaries Act, 1895, or otherwise in His Majesty vested, is pleased by and with the advice of His Privy Council to order, and it is hereby ordered, as follows:-

From and after the proclamation of this Order by publication in the Western Pacific High Commission Gazette the boundaries of the Gilbert and Ellice Islands Colony shall be extended so as to include Ocean Island, Fanning Island, and Washington Island.

28962

1. Yes.

REPORT.

2. Yes, subject to amendments in red ïnk. (Printed in italics and obliterated type.)

3. As a doubt has been raised by our predecessors as to the validity of the King's Regulations, we think a short Act of Parliament should be passed validating such Regulations retrospectively and all acts done under them.

Law Officers' Department,

22nd June, 1915.

EDWARD CARSON.

F: E. SMITH.