DIE
SOIT
QUI-MAL
ROIT.
THE HONGKONG
Government Gazette.
Published by Authority.
No. 40.
VICTORIA, SATURDAY, 7TH OCTOBER, 1865.
VOL. XI.
GOVERNMENT NOTIFICATION.
No. 150.
The following Acts of the Imperial Parliament are published for general information.
By Order,
Colonial Secretary's Office, Hongkong, 2nd October, 1865.
W. H. ALEXANDER, Acting Colonial Secretary.
ANNO VICESIMO OCTAVO & VICESIMO NONO
VICTORIÆ REGINE.
CAP. LXIII.
An Act to remove Doubts as to the Validity of Colonial Laws. [29th June 1865.]
Whereas Doubts have been entertained respecting the Validity of divers Laws enacted or purporting to have been enacted by the Legislatures of certain of Her Majesty's Colonies, and respecting the Powers of such Legislatures, and it is expedient that such Doubts should be removed:
Be it hereby enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
"Colony:
"
1. The Term "Colony" shall in this Act include all of Her Majesty's Possessions Definitions: abroad in which there shall exist a Legislature, as hereinafter defined, except the Channel Islands, the Isle of Man, and such Territories as may for the Time being be vested in Her Majesty under or by virtue of any Act of Parliament for the Government of India:
"Colonial Legisla-
The Terms "Legislature" and "Colonial Legislature" shall severally signify the "Legislature." Authority, other than the Imperial Parliament or Her Majesty in Council, competent ture." to make Laws for any Colony:
The Term "Representative Legislature" shall signify any Colonial Legislature "Representative which shall comprise a Legislative Body of which One Half are elected by Inhabitants Legislature:" of the Colony:
The Term "Colonial Law" shall include Laws made for any Colony either by "Colonial Law: such Legislature as aforesaid or by Her Majesty in Council:
&c. to extend to Colo-
An Act of Parliament, or any Provision thereof, shall, in construing this Act, be Act of Parliament, said to extend to any Colony when it is made applicable to such Colony by the express ny when made appli- Words or necessary Intendment of any Act of Parliament:
cable to such Colony:
.
.
"
490
“Governor:"
THE HONGKONG GOVERNMENT GAZETTE, 7TH OCTOBER, 1865.
"Letters Patent."
Colonial Law when
The Term "Governor" shall mean the Officer lawfully administering the Govern- ment of any Colony:
The Terms "Letters Patent" shall mean Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland.
2. Any Colonial Law which is or shall be in any respect repugnant to the Provisions void for Repugnaney of any Act of Parliament extending to the Colony to which such Law may relate, or repugnant to any Order or Regulation made under Authority of such Act of Parliament, or having in the Colony the Force and Effect of such Act, shall be read subject to such Act, Order, or Regulation, and shall, to the extent of such Repugnancy, but not otherwise, be and remain absolutely void and inoperative.
Colonial Law when
3. No Colonial Law shall be or be deemed to have been void or inoperative on not void for Repug- the Ground of Repugnancy to the Law of England, unless the same shall be repugnant
to the Provisions of some such Act of Parliament, Order, or Regulation as aforesaid.
nancy.
Colonial Law not
with lastructions.
4. No Colonial Law, passed with the Concurrence of or assented to by the void for Inconsistency Governor of any Colony, or to be hereafter, so passed or assented to, shall be or be deemed to have been void or inoperative by reason only of any Instructions with reference to such Law or the Subject thereof which may have been given to such Governor by or on behalf of Her Majesty, by any Instrument other than the Letters Patent or Instrument authorizing such Governor to concur in passing or to assent to Laws for the Peace, Order, and good Government of such Colony, even though such Instructions may be referred to in such Letters Patent or last-mentioned Instrument.
Colonial Legislature may establish, &c. Courts of Law.
Representative
Legislature may alter Constitution.
5. Every Colonial Legislature shall have, and be deemed at all Times to have had, full Power within its Jurisdiction to establish Courts of Judicature, and to abolish and reconstitute the same, and to alter the Constitution thereof, and to make Provision for the Administration of Justice therein; and every Representative Legislature shall in respect to the Colony under its Jurisdiction, have, and be deemed at all Times to have had, full Power to make Laws respecting the Constitution, Powers, and Procedure of such Legislature; provided that such Laws shall have been passed in such Manner and Form as may from Time to Time be required by any Act of Parliament, Letters Patent, Order in Council, or Colonial Law for the Time being in force in the said Colony. 6. The Certificate of the Clerk or other proper Officer of a Legislative Body in that they are proper- any Colony to the Effect that the Document to which it is attached is a truc Copy of
any Colonial Law assented to by the Governor of such Colony, or of any Bill reserved for the Signification of Her Majesty's Pleasure by the said Governor, shall be primâ facie Evidence that the Document so certified is a true Copy of such Law or Bill, and, as the Case may be, that such Law has been duly and properly passed and assented to, or that such Bill has been duly and properly passed and presented to the Governor; and any Proclamation purporting to be published by Authority of the Governor in any Newspaper in the Colony to which such Law or Bill shall relate, and signifying Her Majesty's Disallowance of any such Colonial Law, or Her Majesty's Assent to any such reserved Bill as aforesaid, shall be primâ facie Evidence of such Disallowance or Assent.
Certified Copies of Laws to be Evidence
ly passed.
Proclamation to be Evidence of Assent
and Disallowance.
Certain Acts
enacted by Legisla- ture of South Aus- tralia to be valid.
And whereas Doubts are entertained respecting the Validity of certain Acts enacted or reputed to be enacted by the Legislature of South Australia: Be it further enacted as follows:
7. All Laws or reputed Laws enacted or purporting to have been enacted by the said Legislature, or by Persons or Bodies of Persons for the Time being acting as such Legislature, which have received the Assent of Her Majesty in Council, or which have received the Assent of the Governor of the said Colony in the Name and on behalf of Her Majesty, shall be and be deemed to have been valid and effectual from the Date of such Assent for all Purposes whatever; provided that nothing herein contained shall be deemed to give Effect to any Law or reputed Law which has been disallowed by Her Majesty, or has expired, or has been lawfully repealed, or to prevent the lawful Disallowance or Repeal of any Law.
1
THE HONGKONG GOVERNMENT GAZETTE, 7TH OCTOBER, 1865.
revoù olt
ANNO VICESIMO OCTAVO & VICESIMO NONO
VICTORIÆ REGINÆ.
CAP. LXIV.
berated kamol nal
An Act to remove Doubts respecting the Validity of certain Marriages contracted in Her
Majesty's Possessions abroad." [29th June 1865.]
Whereas Laws have from Time to Time been made by the Legislatures of divers of Her Majesty's Possessions abroad for the Purpose of establishing the Validity of certain Marriages previously contracted therein, but Doubts are entertained whether such Laws are in all respects effectual for the aforesaid Purpose beyond the Limits of such Possessions: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
491
Colonial Laws esta-
1. Every Law made or to be made by the Legislature of any such Possession as blishing Validity of aforesaid for the Purpose of establishing the Validity of any Marriage or Marriages Marriages to have contracted in such Possession shall have and be deemed to have had from the Date of Effect throughout Her
Majesty's Dominions. the making of such Law the same Force and Effect for the Purpose aforesaid within all Parts of Her Majesty's Dominions as such Law may have had or may hereafter have within the Possession for which the same was made: Provided that nothing in this Law Not to give effect contained shall give any Effect or Validity to any Marriage unless at the Time of such to Marriages unless Marriage both of the Parties thereto were, according to the Law of England, competent to contract Marriage. to contract the same.
Parties are competent
66
Legislature."
2. In this Act the Word "Legislature" shall include any Authority competent to Definition of make Laws for any of Her Majesty's Possessions abroad, except the Parliament of the United Kingdom and Her Majesty in Council.
ANNO VICESIMO OCTAVO & VICESIMO NONO
VICTORIÆ REGINÆ.
CAP. CXIII.
An Act to authorize the Payment of Retiring Pensions to Colonial Governors. [5th July
1865.]
Whereas it is expedient that Retiring Pensions should be granted in certain Cases to Officers who have administered the Government of Her Majesty's Colonial Posses- sions: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Par- liament assembled, and by the Authority of the same, as follows:
1. In this Act the Term "Colony" includes any Plantation, Island, or other Definition of Possession within Her Majesty's Dominions, exclusive of the United Kingdom of Great" Colony." Britain and Ireland, and of the Islands being immediate Dependencies thereof, and exclusive of India as defined by the Act of Parliament of 1858 "for the better "Government of India.”
Say:
2. The full Rate of Pension herein-after referred to shall be as follows, that is to Full Rate of Pension
In the Case of Officers who shall for at least Four Years have administered the Government of any Colony or Colonies in which the Salary of the Governor is not less than Five thousand Pounds, One thousand Pounds:
In the case of Officers who shall for at least Four Years have administered the Government of any Colony or Colonies in which the Salary of the Governor is not less than Two thousand five hundred Pounds, Seven hundred and fifty Pounds:
In the Case of Officers who shall for at least Four Years have administered the Government of any Colony or Colonies in which the Salary of the Governor is not less than One thousand two hundred Pounds, Five hundred Pounds:
In other Cases, Two hundred and fifty Pounds.
as herein stated.
3. The reduced Rate of Pension herein after referred to shall in all Cases be Two Reduced Rate. Thirds of the full Rate.
公
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