CO129-431 - Governor Sir May - 1916 [1-2] — Page 595

thr

592

Report

on an Ordinance intituled an Ordinance to emend the law relating to importationand

exportation.

This Ordinance gives the Governor-in-Council practi-

cally unlimited powers of regulating and restricting both

importation into the Colony and exportation from the Colony

The occasion of its enactment was the introduction of the

White and Black List System.

The powers conferred may seem wide but they appear

to be justified by the considerations that the working of

the system must be more or less experimental at first, and

that at a time like the present a quick and elastic form

of legislation is desirable both to meet attempts at eva-

sion and in the interests of legitimate trade. The Order.

in-Council of Her late Majesty Queen Victoria-in-Council

made on the 26th October, 1856, confere even more drastic

powers on the Governor in other matters. It is recog-

nised, of course, that it would not be proper to impose

any import or export duties in reliance on the powers con-

ferred by this Ordinance.

The power conferred on His Excellency the Governor

by sub-clause 9 of Clause III of the Order of Her late

ajesty Queen Victoria-in-Council made on the 16th October

1896, as amended by the Order of His Hajesty-in-Council

made on the 28th August, 1914, apart from the fact that

it applies only to exportation, was considered to be of

doubtful sufficiency, for the following reasons:-

(a)

While the power of absolute probation was clear]

it was doubtful how far conditions could be A-

posed and enforced where it was desired to allow

the exportation of a prohibited article under