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by other competent authority. In (iii) below I assume that forfeiture under S.5(1)(d) is at the discretion of the court but even if this assumption is wrong it would not affect the substance of my comments in (iii).
(111) Effect of paragraphs (d) and (e) of s.5(1) and paragraph (c) of s.5(2) on membership of the Executive and Legislative Councils. Having regard to the definitions in S.2 it appears to me that the expression "public office" in S.5(1)(d) and (e) and S.5(2)(c) would include membership of the Executive and Legislative Councils and that the expression "public servant" in S.5(2)(c) would include a member of either Council. Consequently those paragraphs empower a Court or Magistrate to declare (in effect though not in express terms) that a person convicted of an offence shall be incapable of being appointed to the Executive or Legislative Council and to cause a member of either Council, who is convicted of an offence, to vacate his seat on that Council. This amounts to an amendment of the Letters Patent of 1917 since the constitutions of those Councils (including appointments thereto and the vacation of seats) is provided for by the Letters Patent and (under the authority of the Letters Patent) by the Royal Instructions and neither the Letters Patent nor the Instructions contain any provision enabling the legislature of the colony to prescribe either disqualifications for membership or circumstances in which members will vacate their seats. The view held in the Colonial Office is that the legislature of a conquered or ceded territory may amend prerogative enactments only if they are not of a constitutional nature; the provisions of the Letters Patent which are
amended
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