CO885-(16-18) — Page 404

PUBLIC RECORD OFFICE

mwimmilm

Reference :-

C.O.

+885

17 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

easier to some extent, but would for this reason excite opposition in many Colonies, in particular in those retaining control over their own finances, which would almost certainly refuse to assent to the change. The Committee therefore do not recommend any alteration. (reg. 121.)

25. The changes in Chapters VI., XVII., XIX. and XX., relating to precedence and ceremonial, are slight. The Committee, however, recommend an addition to the General Table of Colonial Precedence, (reg. 138). This table does not include any mention of the Principal Medical Officer, whose status and duties were comparatively unimportant at the date (anterior to 1837) when the present table was drawn up. At the present time, however, the medical service in the Colonies holds a leading place among the departments of government. Recent discoveries in tropical pathology and hygiene have increased and continue to increase the importance of its functions, while its members are gentlemen of education and social position who are eligible for and not infrequently receive high honours. It is the opinion of the Committee that the present position of the Medical and Sanitary Department of a Colonial Government will be properly recognised by giving its It would also seem head the position indicated in the revised regulation (138). advisable, as there is now no ecclesiastical establishment in the Colonies, to omit church dignitaries from the table, leaving their precedence to be decided by authoritative local usage under regulation 137.

26. The regulation (reg. 142) concerning persons entitled to precedence in the United Kingdom has been modified in consequence of a decision of the King. The regulations relating to salutes (regs. 144-147) applicable to the Colonies contained in the King's Regulations and Admiralty Instructions are now incorporated,

27. An additional regulation (reg. 170) has been inserted with reference to the white undress uniform recently approved by His Majesty for use in tropical climates.

28. Chapter VII. A considerable amount of obsolete or unnecessary matter, chiefly relating to correspondence in connection with subordinate Governments, has been .xcised. It has also been thought best to omit certain routine details with regard to the conduct of correspondence-e.g., as to the width of margin left on the paper used—which seem too trivial for the Colonial Regulations.

29. An amendment of some importance relates to the publication of confidential despatches. It has been ruled that the existing regulation on the subject (No. 184, see regulation 173 (3) in Revision) leaves it to the Secretary of State to publish any confidential despatch at any moment without consulting the Governor. It is now, however, usual to consult the Governors of Colonies possessing responsible government before taking such action, and the Committee consider it very desirable that this practice should, except in special circumstances, be adopted in all Colonies, as otherwise many Governors must undoubtedly feel themselves unable to write with that freedom which it is one of the chief objects of confidential communication to secure. The revised regulation 173 therefore states that the Secretary of State will as a rule consult the Governor before publishing any confidential despatch.

30. Regulations relating to Consular correspondence have been inserted after consultation with the Foreign Office (regs. 208 to 210).

31. Chapter XII. relating to Trade and Navigation has been redrafted by the Board of Trade in view of modern legislation. The Committee have adopted this draft with some verbal amendments.

32. Chapters XIV., XV. and XVI., relating to certain legal matters, appear to the Committee to be out of place in the Colonial Regulations. It is the duty of the Attorney- General or other Law Officer of the Government to advise the Governor on matters affecting naturalisation, crime, and extradition, and a Law Officer is expected to be Bufficiently acquainted with Imperial and Colonial Law and with treaties affecting the Colony in which he serves to be independent of any guidance on such questions that may be afforded by the Regulations. Nor do these chapters appear to be of value to other officials or to private persons. The Committee accordingly recommend that they should be omitted, with the exception of the provision requiring the Governor to report the execution of capital sentences (reg. 190), which it is proposed should be made in one annual report in future, as it is considered that this arrangement will afford a better check than the present system of reporting them singly. The provision for reporting commutations of such sentences (reg. 13) is also retained.

33. The above remarks cover all the changes to which the Committee think it neces- sary,

in view of their instructions, to direct special attention.

34. The Committee have paid special attention to re-arranging and re-drafting regulations with a view to brevity and case of reference. The Chapters which have from

7

time to time been added to the existing regulations have been placed in their natural positions and the whole of them have been re-arranged in five chapters dealing with Constitutions, Officers, Ceremonies, Correspondence, and Finance. The Committee attach special importance to this part of their work, as it will enable Colonial Officials to refer more easily than hitherto to the Colonial Regulations as an authoritative guide; but, in order to ensure this, it is necessary that they should be readily accessible.

35. The Committee therefore recommend :-

(1) that a full index to the Colonial Regulations be prepared.

(2) that the Regulations be examined annually in the Colonial Office for the insertion of any important decisions taken during the year, the numeration of the present revision being preserved for ten years.

(3) that the Regulations and Index be printed us an 8vo Stationery Office publication saleable to the public.

(4) that all Colonial Officers hereafter appointed in England be supplied with a copy of the Regulations.

(5) that every ten years the Regulations should be revised by a Departmental Committee upon which the Colonial Civil Service is represented.

36. In concluding their report, the Committee desire to express their deep regret at the death of Sir George O'Brien before their work was well advanced. The experience gained in Sir George O'Brien's long and honourable service in the Colonies could not but have been of the greatest advantage to their labours. They also desire to express their thanks for the ready assistance which has been afforded to them by numerous members of the Colonial Office and of other Government Departments.

37. From the character of this revision, a large share of the burden of the work has fallen on the Secretary and his two Assistants. Mr. J. F. N. Green, with the aid of Mr. C. H. Niblett and Mr. J. A. Smith, has rendered to the Committee very considerable and effective service and relieved them of much detail and drudgery. The Committee, at the instance of those members who are not on the staff of the Colonial Office, desire to record their appreciation of the work contributed by these three gentlemen.

We have the honour to be

J. FREDK. N. GREEN, Secretary.

Your Lordship's most obedient humble Servants,

CHARLES H. NIBLETT,? Assistant Secretaries.

J. A. SMITH,

5th February, 1908.

H. BERTRAM COX,

E. NOEL WALKER,

W. A. BAILLIE HAMILTON,

R. MOOR,

G. V. FIDDES,

GEORGE W. JOHNSON.

TABLE I.