CO129-277 - Governor Sir Robinson - 1897 [8-10] — Page 288

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Objects and Reasons.

Hitherto, besides the special Ordinance dealing with Stone Cutter's Island, there have been two Ordinances in force in this Colony protecting the "Defences" generally : These are Ordinance 10 of 1891, dealing with trespassos upon the fortifications, etc., and Ordinance 1 of 1895 dealing with sketching or attempting to sketch the "Defences." The General Officer Commanding has pointed out that these Ordinances require some amendments, and in amending them the opportunity has been taken of combining them into one Ordinance. The chief amendments are as follows

The word "Defence" is used, and a very wide definition is given to the word so as to cover electrical or torpedo establishments, range finding cells, etc. This obviates also the repetition of the long string of words such as battery, fortifications, etc., etc., in the various sections.

In section 3 the words "or private" are added after the words "non-commissioned officer," so as to bring the local Ordinance into harmony with the Queen's Regulations. It is also provided that an Order, granted to any contractor employed by the Officer Commanding the Army Service Corps, shall cover the Chinese labourers in the same way us in the case of contractors employed by the Officer Commanding the Royal Engineers.

With regard to the Sketching Ordinance, of 1891, the power there conferred on the Governor to give written per- mission to sketch any "Defence" is transferred to the Officer in Command of Her Majesty's regular forces by section 5 of the New Ordinance. The maximum imprisonment for illegal sketching is now made six months instead of three as was the case under the Ordinance of 1891, and attempts to sketch are made punishable by a maximum penalty of $250 or three months instead of $125 or one mouth, the penalties provided by the former Ordinance. This increase of maxi- mum punishment is a step in the direction which Lord LANSDOWNE seems to consider it desirable to take (see Sir A. L. HALIBURTON'S Letter of 12th October, 1896, to the Colonial Office).

Section 10 provides that notice of the apprehension of au offender or alleged offender shall be given forthwith to the Officer in Command who is to appoint some officer to pro- secnte if he desires the prosecution to proceed.

The object of this Ordinance is to protect the Defences," and it is thought the Officer Commanding is probably the best judge of whether an alleged offence against such an Ordinance should be prosecuted or not. It is trusted this Iu course will prevent friction and difficulty in the future. matters of this kind it is easier for the Civil Magistrate to judge correctly as to the gravity of the alleged offence when assisted by the evidence of a Military Officer.

W. MEIGH GOODMAN,

Atturney General.

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