CO885-(2-3) — Page 563

PUBLIC RECORD OFFICE

C.O. 8

Reference -

.885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Labuan.

Lagos.

Malta.

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The following are the principal clauses of the 25th of Victoria, Chapter 23, and the amending Law No. 17 of 1871.

25 Tictoria, cap. 23.

"First. From and after the passing of this Act it shall be lawful for the Governor, by Proclama- tion in the ‘Jamaica Gazette, by authority, to prohibit the exportation, or sending by any person from any port or place in this Island to any place beyond the limits of this Island, any saltpetre, sulphate of potash, muriste of potash (chloride of potassium), nitrate of soda, gunpowder, brimstone, percussion caps, tubes, lenel, arins, or anununition of war."

Late No. 17, of 1871.

"First.-After the coming into operation of this law it shall be lawful for the Governor, during the time that any Proclamation under twenty-fifth Victoria, chapter twenty-three, is in force, to permit the export of any articles, the export of which is forbidden by such Proclamation, to such persons, and on such terms, and subject to such conditions and regulations, if any, as to the Governor may seem fit."

It will be observed that the Jamaica Law permits the prohibition of export to particular places.

Labuan possesses a Law, No. 3 of 1866, which has for its object to check the supply of ammunition to the pirates of Sulu, and which forbids dealing in gun- powder and arms, except by or with licensed dealers. In addition to regulating the internal traffic in arms, the Ordinance confers on the Executive Government the usual power of prohibiting the export of arms, by Proclamation (Clause 15). The Ordinance was enacted at the express instance of the Secretary of State. The power given by Clause 15 has not been exercised.

The officer Administering the Government of Lagos, has sent home a large number of documents, illustrating the dealings of his Government with the sur- rounding tribes, in the matter of munitions of war; some of these documents have little or no bearing upon the present inquiry. The earlier proceedings of that Government were in furtherance of a policy, on which much reliance was placed, of blockading the country of the Egbas, and exportation of goods seawards, was only forbidden as incidental to the policy of an inland blockade. By Ordinance No. 9 of 1871, as amended by Ordinance No. 1 of 1873, the Government àrmed itself with the usual powers upon the subject. The following are the important clauses of the principal Ordinance, and the words in brackets are those which were repealed by Ordinance No. 1 of 1873, passed at the instance of the Secretary of State :-

First. That it shall be lawful for the Offeer administering the Government of the Settlement of Lagos for the time being, from time to time, to prohibit by Proclamation the expant from the sail Settlement (to any place or places in Africa beyond the limits of the said Settlement], of any arms or other munitions of war, until such time as his Excellency shall, by another Proclamation, remove such prohibition.

"Third. That it shall be lawful for the Administrator or other Officer as aforesaid, at his discretion, if he shall think tit, during the pendency of any such Proclamation, by writing under his signature, to peruit any person to export any arms or other munitions of war, [to any part or parts of Africa not adjacent to the Settlement of Lagos, or other place beyond the jurisdiction of the said Settlement]: Provided always, that such person or persons shall, before such exportation, or upon the entry outwards of any arms or other munitions of war, give security by bond in double the value of such arus and munitions of war, with two sufficient sureties, to be approved of by the Collector of Customs, that the same shall be landed at the place for which they shall be entered outwards, or intended to be exported, or be otherwise accounted for, to the satisfaction of such Collector."

This Ordinance was once put in force by a Proclamation bearing date the 1st of November, 1871, issued at the instance of the Foreign Office (Foreign Office, to Colonial Office, 6th September, 1871). At that time a war was impending in the Oil River District which it was the object of the Foreign Office to avert, as disastrous to the interests of British trade in the Bight, and Lord Granville applied to Lord Kimberley to direct the prohibition of the sale of arms to the natives at Lagos, as above stated, pending the settlement of the difficulty.

The Law of Malta on the subject is contained in Ordinance No. 6 of 1840, section 30. The powers which are thereby conferred have been exercised to prohibit the exportation of inmaterial of war, especially gunpowder, on different occasions, when it was believed that the articles were intended for the use of Insur- gents in Italy or Barbary-" a policy," observes Sir C. Van Straubenzee," which

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had no other effect than that of transferring the trade to Marseilles and Syra.” The section is as follows:-

"VIII.

30. Arius, ammunition, or other utensils of war, not required for Her Majesty's service, which shall be imported into these Islands, shall be deposited in bond on the importation thereof; and shall not be released from Loud, (either for exportation, or for use within these Islands), without a permit from the Governor.

"Arms, ammunition, or other utensils of war, which may be imported (or which it may be attempted to import), against the regulation in the present section, shall be forfeited.

It shall be competent to the Governor, notwithstanding the regulation in the present section, to prohibit or regulate the importation into these Islands, and the exportation therefrom, of armas, ammu- nition, or other utensils of war not required for Her Majesty's service."

The only laws in force in Mauritius relating to the exportation of materials of war are contained in a Proclamation of the 11th September, 1817, requiring arms, &c., imported into the Colony to be stored in the Government Arsenal, from which they can only be withdrawn for use or exportation on a permit signed by the Chief Secretary; and in Ordinance No. 14 of 1858, which "forbids the exportation of materials of war, except with the authority of the Governor, who is empowered to require security to be given for the due landing at the proper port of the articles exported. The Ordinance also confers upon the Governor the power to forbid, by Proclamation, the exportation of arms, ammunition, &c., to any special port. No Proclamation has ever been issued under this Ordinance, and it does not appear that the Governor has ever exercised the powers of refusing permits of export, except in cases where applications have been made for permission to export arms to Madagascar, which have been refused in accordance with the Treaty between Her Majesty and the Queen of Madagascar, which provides that “Munitions of war shall be imported by the Queen of Madagascar alone into her dominions."

It has already been stated that Natal possesses powers similar to those conferred by the English Customs Consolidation Act and that these have never been exercised. Besides this law, it has a body of laws relating to the general traffic in arms and gunpowder, which are noted below,† and which are similar in scope, though more stringent in their detailed provisions, than those prevailing at the Cape. The following Report from the local Attorney-General states their provisions with sufficient fulness:-

Minute.

*June 5, 1875.

"Law No. 8, 1862, empowers the Governor, with the advice of the Executive Council, to prohibit the exportation or carriage coastwise of arms, ammunition, and gunpowder.

"Such an order may extend to military and naval stores, and any article which the Governor shall judge capable of being converted into, or made useful in increasing the quantity of military stores, provisions, or any sort of victual which may be used as food by nun. The confirination of that Law was Proclaimed 12th January, 1863. The powers thereby conferred have never been exercised by this Government, nor has any such prohibitory Proclamation been issued.

"The exportation of fire-arms is regulated by Law No. 11, 1862. Fire-arms may not be shipped, or placed in any loat for the purpose of being shipped, without the written permission of the Collector of Customs (ride Section 36).

"Persons seeking permission to export fire-arrus are bound, with one or more surety, to give a Bond (Schedule).

"The Bond is conditioned for furnishing proof of landing the fire-arms at port of destination, on accounting satisfactorily for them.

"The gunpowder trade is regulated by Law No. 12, 1862, and Law No. 22, 1872.

La

No gunpowder may be brought by sea into the Colony except by the Governor (see Section 2,

Law 12, 1861), except in the cases referred to in Law No. 12, 1863, Sections 1 and 2.

Gunpowder can only be kept at the Government depets (see Law No. 12, 1862, Section 9), which are under officers appointed by Government (Section 10)1⁄2"

"No gunpowder, percussion caps, or cartridges, can Tié exported without the Governor's written permission (Section 28).

“Such exportation is only allowed under bond, with sureties, conditioned for delivering at port of destination (Schedule).

**Copies of the focal Laws above referred to should be transmitted as requested to the Right Honourable the Secretary of State.

*M. H. GALLWEY,”

(Signed)

• Page 4.

† No. 11, of 1862; No. 12, of 1862; No. 12, of 1863 ; No. 22, of 1872; No. 17, of 1874.

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