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Cp65. Law PSS.
I think it is clear that nothing that is contained in the Order in Council can have any effect upon the proper construction of section 11 of the 1886 Act. If the diploma granted by
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the Committee is not a diploma granted in a British possession within the meaning of that Act (and speaking for myself I do not see where else it is granted) then the insertion of the words "and in the Colony" before the proviso of paragraph 3 would not affect the construction of section 11, that is to say, a Court construing it could not be bound by the words of the Order in Council if in its opinion the facts did not satisfy the words of the section. It would be possible to provide by Order in Council for a suspension of the law requiring registration or for a provision enabling registration to be effected in some other manner. The same is possible in the Straits Settlements, and I think no difficulty arises over the F.M.S. and Johore. The position is this. The Straits Settlements Ordinance/prescribes a register and it is necessary to be on this to practise. This Register comprises all qualified practitioners in the Peninsula. In Johore and the F.M.S. and Trengganu the names of those on this register are published in the Gazette of the States and so become entitled to practice. In Kedah and Kelantan those on the S.S. register are entitled to practise. This any vanecessary. difficulty about these States. For the other three the position is that those on the S.S. register are entitled to practise and the proof that they are on the register is contained prima facie in the list published in the Gazette. But even if the list had not been published in the Gazette it would still be open to any practitioner charged with the offence of practising without registration to shew that he was in fact registered on the S.S. list. So if we set up a register anyone on it will be able to practise without illegality. Peninsula.
H. G. H. Hastings
1/8/45.
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