CO885-(16-18) — Page 5

No. 191.

28982

(WESTERN PACIFIC.)

COLONIAL OFFICE to LAW OFFICERS.

[Constitution of the Gilbert and Ellice Islands as a Colony and inclusion therein of Ocean, Fanning, and Washington Islands.] GENTLEMEN,

Downing Street, 8th July, 1915.

I AM directed by Mr. Secretary Bonar Law to acknowledge the receipt of your report,* dated 22nd ultimo, on the subject of the draft Orders in Council providing for the annexation of the Gilbert and Ellice Islands to His Majesty's dominions and of Ocean, Fanning, and Washington Islands to the new Gilbert and Ellice Islands Colony.

2. It is observed that you advise that a short Act of Parliament should be passed validating the King's Regulations passed under the Pacific Order in Council and purporting to apply to Ocean, Fanning, and Washington Islands. Mr. Bonar Law is anxious to avoid this step if possible, and it has occurred to him that if a provision is inserted in the Order in Council annexing the Gilbert and Ellice Islands, expressly reserving the right to legislate by Order in Council in future-a usual provision in instruments providing for the constitutions of Colonies-the proposed validation of the King's Regulations in question and of all acts done under them could be satisfactorily effected by means of a further Order in Council, to be passed after the two draft Orders in Council at present under consideration have been issued.

3. The proposed addition might, it is thought, be made to Article XV., and be in the following form:-" and hereby reserves to himself, his heirs and successors full power and authority, with the advice of his or their Privy Council, to make from time to time all such laws as may to him or them appear necessary for the peace, order, and good government of the Colony."

4. Mr. Bonar Law would be glad if you would advise whether the course sug- gested above would be sufficient for the object in view.

5. The draft of the Order in Council which it is proposed to amend is enclosed herewith for convenience of reference.

I am, &c.,

HENRY LAMBERT,

for the Under-Secretary of State.

46375

REPORT.

Having regard to the opiniont of our predecessors in 1912 that the King's Regulations were invalid by reason of the third section of the British Settlements Act (50 and 51 Victoria, Cap. 54) not having been complied with, we are of opinion that such Regulations cannot be validated by an Order in Council and that an Act of Parliament is necessary for that purpose.

Law Officers' Department,

EDWARD CARSON. F. E. SMITH

7th October, 1915.

• No. 184.

† No. 155.

(0723–2.) WL. 7–939. 25. 12/15, D & 8. G.L

PUBLIC RECORD OFFICE

Reference :-

TC.O.8

.885

16 PUBLIC RECORD OFFICE, LONDON

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