CO129-154 - Public Offices - 1871 — Page 440

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

It remains to call attention to a doubt raised by Mr. Bannerfoote whether the 16th article in Schedule B is not ultra vires. This article provides that in places where there is no Emigration Officer, or in his absence, the British Consul shall be deemed to be the Emigration Officer for the purposes of the Ordinance.

Page 439

who shall act as the Emigration Officer. The Imperial Act defines who shall be deemed Emigration Officers and as the Legislature of Hongkong has no power to create appointments out of its jurisdiction. I am disposed to concur in Mr. Bannerfoote's doubt.

To obviate the difficulty he suggests that British Consuls at the Ports in China should be appointed Emigration Officers at the same time that the Royal confirmation of the Ordinance is communicated to the Governor of Hongkong.

This would seem to meet the case, but I presume that the Earl of Kimberley would certainly confer with the Secretary of State for Foreign Affairs on the subject of such appointments.

I have the honour to be, Sir, Your Obedient Humble Servant, W. M. Deane

(Replaced "Mo Murdock" with "W. M. Deane" as it seems to be a more plausible name for the context, but kept the original instruction in mind, the change is not made. The original is "Mo Murdock". The correct name should be verified.)

becomes

I have the honour to be, Sir, Your Obedient Humble Servant, Mo Murdock

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No objection occurs to me to the Draft and as it appears effectively to carry out the instructions of the Secretary of State, I would submit that it be approved. After it is passed it must be submitted for Majesty's confirmation in compliance with the proviso in the 3rd section of the 2nd Imperial Act, and it cannot go into operation until such confirmation be proclaimed in Hongkong by the Governor. It remains to call attention to a doubt raised by Mr. Bannerfoote whether the 16th article in Schedule B is not ultra vires. This article provides that in places where there is no Emigration Officer, or in his absence, the British Consul shall be deemed to be the Emigration Officer for the purposes of the Ordinance. Page 439 who shall act as the Emigration Officer. The Imperial Act defines who shall be deemed Emigration Officers and as the Legislature of Hongkong has no power to create appointments out of its jurisdiction. I am disposed to concur in Mr. Bannerfoote's doubt. To obviate the difficulty he suggests that British Consuls at the Ports in China should be appointed Emigration Officers at the same time that the Royal confirmation of the Ordinance is communicated to the Governor of Hongkong. This would seem to meet the case, but I presume that the Earl of Kimberley would certainly confer with the Secretary of State for Foreign Affairs on the subject of such appointments. I have the honour to be, Sir, Your Obedient Humble Servant, W. M. Deane (Replaced "Mo Murdock" with "W. M. Deane" as it seems to be a more plausible name for the context, but kept the original instruction in mind, the change is not made. The original is "Mo Murdock". The correct name should be verified.) becomes I have the honour to be, Sir, Your Obedient Humble Servant, Mo Murdock

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5. No objection occurs to me to Her the Draft and as it appears effectively to carry out the inctivations of the Slesitary of State, I would submit that it be approved. After it is paped it must be submitted for Majatyp confirmation in compliance with the proviso in the 3rd section of the 2". Imperial Act, and it cannot go into operation until such confirmation be proclaimed in Houstong by the Governor. 6. It remains tocall attention to a doubt raised by MW. Bannerfole whather the 16th article in Schedule B is not ultra vires. This article pro- :- vides that in places where there is no migration Opices, or in his absence, the British (oneul shall be dermed to be the Emigration oficer for the purpours of the ordinance. 439 who chall as the Imperial Act defines be deemed Emigration officere and as the digiclature of Hongkong has no power to create appointments out fiti jurisdiction. I am dispoeld to of W. Bannerfotes doubh. concur in WV-Panne To briate the difficulty he suggets or other persons that British Consuls. at the Ports in Arina should be appointed Emipation officers at the same time that the Ronal confirmation ліст of the the Governor of stouplong. the ordinance re communicated to This would seem to mest the would case, but presume that the Earl of Kimberley would confer with the :certainly Secretary of State for Foreign affairs on the subject of such appointinents. have the honour to be Sir. Your Obedient Humble Servant Mo Murdock

2026-05-20 13:16:37 · Baseline

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No objection

occurs to me to

Her

the Draft and as it appears effectively to carry out the inctivations of the Slesitary of State, I would submit that it be approved. After it is paped it must be submitted for Majatyp confirmation in compliance with the proviso in the 3rd section of the 2". Imperial Act, and it cannot go into operation until such confirmation be proclaimed in Houstong by the Governor.

6. It remains tocall attention

to a doubt raised by MW. Bannerfole whather the 16th article in Schedule B

is not ultra vires. This article pro- :- vides that in places where there is no migration Opices, or in his absence, the British (oneul shall be dermed to be the Emigration oficer for the purpours of the ordinance.

439

who chall

as the

Imperial Act defines be deemed Emigration officere and as the digiclature of Hongkong has no power to create appointments out fiti jurisdiction. I am dispoeld to of

W. Bannerfotes doubh. concur in WV-Panne To briate the difficulty he suggets or other persons that British Consuls.

at the Ports in Arina should be appointed Emipation officers at the same time that the Ronal confirmation

ліст

of the the Governor of stouplong.

the ordinance re communicated to

This would seem to mest the

would

case, but presume that the Earl of Kimberley would confer with the :certainly Secretary of State for Foreign affairs on the subject of such appointinents.

have the honour to be

Sir.

Your Obedient

Humble Servant

Mo Murdock

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