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of State, transmits herewith copy of a despatch to Sir F. Villiers, No. 1, Africa, dated January 3, respecting the shooting of elephants in the Congo.
Reference to previous letter: Colonial Office, No. 39526, December 24.* Foreign Office,
SIR,
January 3, 1913.
(No. 1. Africa.)
Enclosure in No. 3.
Foreign Office, January 3, 1913. I HAVE received your despatch, No. 91, Africa, of the 19th November last, enclosing copy of a Decree under which elephants with tusks weighing two kilo- grammes may be shot in future.
It would appear that so low a minimum weight as two kilogrammes will probably involve the eventual extinction of the elephant in the Congo, and I have therefore to request that you will endeavour to ascertain from the Belgian Government the grounds on which they have decided to reduce the minimum weight from ten to two kilogrammes.
The Honourable
Sir F. Villiers, G.C.V.O., K.Q.M.G.,
&c.,
41151
&c.,
&c.,
No. 4.
UGANDA.
I am, &c.,
E. GREY.
3
captured in contravention of the proclamation. If it is intended by this proviso to place the onus of proving the lawfulness of the killing or capture on the defendant, express provision to this effect should be made.
6. As regards Section 19, I am not clear why provision should be made to restrict hunting on private lands. The general prohibitions contained in Sections 3 and 4 appear to make illegal the killing of animals specified in Schedules 1 and 3 without a licence, irrespective of the circumstances whether they are killed on private or on Crown land. In this respect Section 19 seems superfluous. It occurs to me that this section may be intended to prevent a landholder calling in his neighbours (being unlicensed persons) to help him in killing any animal for the protection of his crops or holding under Section 16. If this is the intention, I think that Section 19 should be omitted, for it appears to me undesirable to prevent landholders obtaining such assistance in case of need.
7. In the first paragraph of Section 25, line 2, the words " to be" should be inserted before "issued.'
»
In paragraph 2 of the same section seventh" before "schedule" should be altered to 'sixth." In paragraph 5 of the same section some alteration of the words in which he resides seems desirable, to provide for the case of visitors. The words" of the animals killed or captured by him under his licence,
" which occur at the end of this paragraph, might be omitted.
8. I would further point out that the wording of Section 35 appears to imply that a native cannot be licensed to kill one elephant. Unless this restriction is intentional, some alteration of the draft would seem to be necessary.
9. In Section 36, line 11, for " the animals" should be read " any animals." 10. I am aware that many of the provisions of the draft to which exception is taken above are copied from the Uganda Game Ordinance, 1906, and the amend- ing Ordinance of 1910, but I think advantage might be taken of the present oppor- tunity to improve on the drafting of those Ordinances.
I have, &c.,
L. HARCOURT.
PUBLIC RECORD OFFICE
Reference :-
། ། ། ། ། ། mmmmim C.O. 885
22 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TQ.
(No. 34.) SIR.
THE SECRETARY OF STATE to THE GOVERNOR.
[Answered by No. 30.]
Downing Street, 20 January, 1913. I HAVE the honour to acknowledge the receipt of Mr. Wallis's despatch, No. 483, of November 29th, 1912,† transmitting, for my consideration, the draft of the Game Ordinance, 1912, as finally revised, together with the Comparative Table and Legal Report, and to inform you that I approve of the Ordinance being enacted subject to the following observations.
2. In Section 7 (2) after the words " transfer within the Uganda Protectorate," the words " or may export from the Uganda Protectorate "should be inserted.
3. I observe that in the Fourth Schedule a list is given of certain animals of which a limited number may be killed or captured under a fortnightly licence, but no general prohibition of hunting, killing, or capturing of these animals appears to have been inserted in the Ordinance. I would suggest that the insertion of a clause containing such a general prohibition is desirable in order to make the provisions as to the fortnightly licence effective. The effect of the insertion of such a clause would be to confine the hunting of the animals named in Schedule 4 to persons holding fortnightly licences, and unless this is your intention further amendment will be necessary to give the holders of residents' and visitors' licences the right to hunt such animals.
4. In Section 14 the word “third " has been omitted before "schedule in line 4. This should be inserted. The section will require further amendment as stated in paragraph 3 of this despatch should it be intended that the holders of visitors' and residents' licences should be authorised to kill animals mentioned in the Fourth Schedule.
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•
5. In Section 18 (2) the words " any proclamation under should be inserted before" Sub-section 1." As regards the proviso to this section, the necessity for its retention is not apparent, in view of the fact that, if the person charged could prove any of the defences mentioned in Sub-sections (a) and (b), he would apparently be entitled, to an acquittal, as he would have shown that the wild bird was not killed or
↑ No. 67 in Miscellaneous No. 230.
• No. 2.
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1.
No. 5.
NYASALAND,
MEMORANDUM BY SIR W. H. MANNING.
The Scientific Commission now at work in Nyasaland is concerned for the most part in investigating the connection between tsetse fly and the form of trypano- somiasis found in the Protectorate. The Commission has not that equipment which
would be necessary for a complete investigation of the bionomics of the Glossina morsitans.
2. Very little work in connection with curative measures for the disease in man has been done. The Scientific Commission does not concern itself with such problems, which are rightly left to the medical staff of the Protectorate and others to study.
3. Much has been written as to the connection between tsetse fly and game, and no definite scientifically proved conclusion has yet been arrived at.
Admitting that there may be a connection between fly and game, the proposal to slaughter all game animals, even if feasible, is unsound in principle, since it is fully recognised that game, when harried, as it would be in such an attempt, betakes itself to places difficult of access to man, or scatters in small herds or in pairs or singly over wide areas. It is manifest that game would thus be driven to places where it has hitherto been unknown, where it is highly probable that it might be followed by tsetse, thus spreading the danger of the transmission of trypanosomiasis to wide areas now free from game and йy.
4. Very little has been accomplished in regard to obtaining a complete know- ledge of the Glossina morsitans most common in Nyasaland. In my opinion the direction which investigation should take is to deal with the life, habits, breeding- places, and liability to disease of the fly, to study carefully its enemies, and to endeavour, if such were possible, to introduce among the fly some disease which might decrease its numbers and possibly exterminate it.
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