THE WESTERN PACIFIC ORDER.

Samoa Times and South Sea Gazette, Issue 20, 16 February 1878, Page 3

THE WESTERN PACIFIC ORDER.

The following is a copy of the. Western Pacific Order made at the Court at Osborne House, Isle of Wight, the 13th day of August, 1877. The Queen's most Excellent Majesty heing present in Council:—

" Whereas Her Majesty the Queen has power and jurisdiction with some Islands and places in the Western Pacific Ocean, particularly described in this Order, and therein collectively referred to as the Western Pacific Islands, the same not being within Her Majesty's Dominions, and not being within the jurisdiction of any civilized power ; now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Pacific Islanders Protection Act 1872 and 1875, and by the Foreign Jurisdiction Acts 1843 to 1875, or otherwise, in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: Part I.—PnELiMreARY. 1. This Order may bo cited as The Western Pacific Order in Council of 1877. 2. This Order is divided into Parts, as follows :—Part I.—Preliminary. Part ll.—Extent and application of Order. Part lll.—High Commissioner: Court. Part IV.—Criminal matters. Part V.— Civil matters. Part Vl.—General.

3. This Order shall, except otherwise expressed, commence and have effect on a day fixed by Proclamation under the hand of the Governor of Fiji, or of the Officer for tho time being administering the Government of Fiji, and published in the " Royal Gazette " of Fiji.

4. In this Order—(l.) "The Secretary of State" means one of Her Majesty's Principal Secretaries of State; (2.) "The Supreme Court" means the Supreme Court of Fiji; (3.) " The Chief Justice of Fiji " means the Chief Justice for the time being of the Supreme Court; (4.) " British Subject" moans a subject of Her Majesty by birth or by naturalization; (5.) " Resident " means having a fixed plnco of abode in one of the Islands and places to which this Order extends and_ applies; _(( J.) " Foreigner " means a subject or citizen of a State in amity with Her Majesty ; (7.) "Treaty" includes Convention, and agrooment in the nature of a Treaty or Convention, "oilier ehgttg6tficrit or instrument.dof a political choractor, together with every instrument untaxed thereto or agreed to in pursnanco thereof; (8.) " Offence " includes crime, and any act punishable criminally, in a summary way or otherwise ; (0.) " Prosecutor " means c.mpUuuttut or any person ".appointed *by"tnV Court to prosecute ; '(10.) " Month " means calendar month ; fll.) "Pounds" meana pounds sterling; (12.) " Will * nwaria will, codici),, or other testamentary instrument; (13.) " Office copy " means a copy, either made

undt-r direction of the Court, or produced to the proper officer of the Court forj exaininatioii with the original, and examined by him therewith, and in either case sealed with the seal of the Court, as evidence of correctness; (14.) " Oath and affidavit," and words referring thereto, or to swearing, may be construed to include affirmation and declaration, and to refer thereto, or to the making of an affirmation or declaration, whero an affirmation or declaration is admissible in lieu of an oath or affidavit ; (15.) " Proved " means shewn by evidence on oath, in the form of affidavit, or other form, to the satisfaction of the Court, or of the member or officer thereof acting or having jurisdiction in the matter ; (IG.) " Proof" means the evidence adduced in that behalf; (17.) " Person " includes corporation; (18.) Words importing the plural or the singular may be construed as referring to one person or thing, Or to more than one person or thing, and words importing the masuline as referring to females (as the case may require). Part ll.—Extent and Application of Order. Description of Western Pacific.

5. The islands and places in the Western Pacific, Ocean to which this Order extends and applies, and which are in this Order collectively referred to as the Western Pacific Islands, are the following, namely: (1.) The groups of islands known as— The Friendly Islands; The Navigators' Islands; The Union Islands; The Phoenix Islands; The Gilbert Islands; The Marshall Islands or Archipelago; The Oaroline Islands ; The Solomon Islands; The Santa Cruz Islands. (2.) The Islands of Rotumah. (3.) The part of the Island of New Guinea eastward of 143 rd meridian of longitude. (4.) The Islands or Archipelago of New Britain and New Ireland. (">.) The Louisiado Archipelago. (0.) All other islands in the Western Pacific Ocean not being within the limits of the Colonies of Fiji, Queensland, or New South Wales, and not being within the jurisdiction of any civilized Power. (7.) The waters within three miles of every island or place aforesaid.

Application of Order. 0. This Order applies to—(1.) All British subjects, for the time being, within the Western Pacific Islands, whether resident there or not, (2.) All British vessels, for the time being, within the waters mentioned in article 5 of this Order. (3.) Foreigners, in the cases and according to the conditions in this Order specified, but not otherwise.

Part lll.—High Commissioner: Cockt High Com m issioncr.

7. There is hereby created and constituted, from the date of this Order, the office of High Commissioner in, over, and for the Western Pacific Islands; and the person for the time being filling that office shall he styled Her Britannic Majesty's High Commissioner for the Western Pacific (and is in this Order referred to as the High Commissioner). 8. The High Commissioner shall have an official seal bearing the style of his office and such device as the Secretary of State from time to time approves. Judicial Commissioners.

9. The Chief Justice of Fiji, and every other Judge, for the time being, of the Supreme Court, shall be, by virtue of his office, a Judicial Commissioner for the Western Pacific (and is in this Order referred to as a Judicial Commissioner). (2.) Where, in the opinion of the High Commissioner, the attendance of the Chief Justice, or of another Judge of tho Supreme Court, to discharge the duty of a Judicial Commissioner is impracticable, or would be inconvenient, then, and in every such case, from time to time, the High Commissioner may, in the name and on behalf of Her Majesty, by writing, under his hand and official seal, nppoint a person of legal knowledge and experience, to be a Judicial Commissioner for the Western Pacific, for particular purposes or for a particular time, as to the High Commissioner in each case appears expedient (and every person so appointed is in this Order referred to as a Judicial Commissioner). (3.) Each Judicial Commissioner shall, for the purposes of bo much of Section li of the Pacific Islanders Protection Act of 1875, as relatos to Deputy Commissioners, be deemed to be and shall, by virtue of this Order, be a Deputy Commissioner Duly appointed and empowered under the provisions of this Order, and acting under the directions of the High Commissioner.

(4.) A Judicial Commissioner shall not bo deemed to be a Deputy Commissioner witliin any other Article of this Order.

"Deputy Commimmert. 10. There shall be Deputies of the High Commissioner, each of whom shall he styled One of Her Britannic Majesty’s Deputy Commissioners for the Western Pacific (and is in this Order referred to its a Deputy Commissioner). (2.) Every Deputy Commissioner shall lie appointed, in the name and on behalf of Her Majesty, by the High Commissioner, by writing under his hand and official seal.

(8.) There shall bo as many Deputy Commissioners as the Secretary of State from time to time thinks fit.

11. A Deputy Couraiissioner shall be liable to be suspended or removed from Office by the High Commissioner by an instrument in writing, under his hand und official seal, stating the grounds of suspension or removal, and the same shall bo reported forthwith to the Secretury of State.

(2.) The appointment of a Deputy Commissioner shall not be affected by any vacancy or change in the office of High Commissioner. JTiijh Couonimioner» Court.

12. There shall bo a court styled Her Britannic Majesty's High Commissioner's Court for the Western Pacific (in this < Irder referred to as the High (,'omruis•sioner's Court)> 13. The members of the High Commissioner's Court shall be the High Commissioner, the J udical Commissioners, and the Deputy Commissioners. Assessorn. U4. An Assessor, under this Order shall be <a. competent and impartial British subject, of good repute, nominated and summoned'by the High Commissioner's ■ Court to act as Assessor therein. (2.)-An Assessor shall not have any voice in the decision of the Court in any case, criminal or civil. (3.) But an Assessor dissenting, in a ■criminal case, from any decision of the Court, or from the sentence, or dissenting, in a civil case, from any decision of the Court, may record in the minutes of proceedings his dissent, and the grounds i thereof.

(4.) An Assessor dissenting shall be entitled to receive, without payment, a ■certified copy of the minutes. Offiar*. 15. Subject to the directions of the Secretary of State, the High Commissioner may from time to time appoint such und so many persons to be Registrars, Clerks, BailiiFs, Interpreter's, and other officers of the High Commissioner's Cotrrt, and prescribe their duties, as he thinks fit, and subject as aforesaid, may remove from office any person so appointed. (2.) Any Registrar of the Court, and any other officer of the Court designated in this behalf by the High Commissioner, shatT-have power to administer oaths and take affidavits, declarations, and affirmations. Seal lfi. The High Commissioner's Court shall have a seal bearing the style of the Court and such device as the Secretary of State from time to time approves.

Jurisdiction. 17. All Her Majesty's jurisdiction, exerciseable in the Western Pacific Islands, in criminal and civil matters, shall, subject and according to the provisions of this Order, he vested in and exercised by the High Commissioner's Court.

18. The whole jurisdiction and -authority of the High Commissioner's "Court may, subject and according to the "provisions of this Order, be exercised by T (he High Commissioner or by a Judicial 'Commissioner, while he (the High 'Commissioner or Judicial Commissioner) is either in the Western Pacific Islands ■or in Fiji. 19. The whole or any part of the jorisdifition and authority of tho High Commissioner's Court, for or in respect of any district or part of the Western Pacific Islands, may, subject and according to the provisions of this Order, be •exercised by a Doputy Commissioner, boin? authorized by the terms of his appointment to act for and in respect of that district or part, and being within ■that " district onpart." (2.) The term " the district n "or the particular district," in this Order means the particular district or part for and in respect of which a Deputy -Commissioner is so authorized to act, and in which the proceeding in question is pending or is intended to be taken.

26. Each member of the High Commissioner's Court exercising for the time being, the jurisdiction and anthority thereof in conformity with this Order, shall, for the purposes of this Order, be deemed to 'form the High Commissioner's "Court.

(2.) The term "the Court" in this Order includes and applies to every member so exorcising .jurisdiction or authority.

21. \Vhere n British snbjcct charged with an offence committed on tho sen. or in any haven, river, oreek, or place within tho jurisdiction of tho Admiralty, is found or brought within the Western Pacific Islands, the Court shall have power to take cognisance of the offence. (S.) The Court shall have the lik« jurisdiction and anthority and the like proceedings khsH subject, and according <o the limitation expressed in Artiolo 31, \m had in respect of tho charge, as if the rbargo were for an oflence committed within the Western Pacific Islands. ii, Subject to the other provisions of

this Order, Her Majesty's criminal and civil jurisdiction exereiseable in the Western Pacific Islands skill, as far as circumstances admit, be exercised on the principles of and in conformity with tiuStatute and other law for the "time being in force in and for England, and with the powers vested in. and according to the course of procedure and practice observed by and before the Courts of Justice and Justioes of the Peace in England, according to their respective jurisdiction and authorities.

I'aht TV.—Criminal Mattkh.s. Criminal Laic gt iit England.

t'i. Except as regards acts declared by this Order to be offences against this Order, any act that would not by a Court having criminal jurisdiction in England ho deemed an offence, making the person doing the act amenable to punishment in England, shall not, in the exercise of criminal jurisdiction under this Order, be deemed an offence, making the person doing the act amenable to punishment.

Offence* against Treaties.

24. The High Commissioner shall by virtue of this Order have power and authority to make, from time to time, in the name and on behalf of Her Majesty by writing under his hand and official seal, such Regulations as to him seem fit for the government of British subjects by enforcing the observance by them of the stipulations of any Treaty between Her Majesty and any King, Chief, or other authority in the Western Pacific Islands, and for securing the maintenance (as far as regards the conduct of British subjects) of friendly relations between British subjects and those authorities and persons subject to them.

(2.) The Regulations may define offences against the same; an.l nets thereby defined to be offences are hereby declared to be offences against this Order; and the Regulations may impose a punishment for any such offence, as follows :

(i) Imprisonment for any form not exceeding three months, with or without hard labor, and with or without a money penalty not exceeding ten pounds; or (n) a money penalty alone, not exceeding ten pounds, without any imprisonment; and (in) in case of a continuing offence in addition to any such punishment by imprisonment or a money penalty, or both, as aforesaid, a money penalty, not exceeding in any case ten shillings for each day during which the offence continues after the day of the commission of the original offence.

(.').) The Regulations shall be so framed as in even- ease to allow of part only of theinaximum punishmentbeing adjudged. (4.) The Regulations shall be published in the Royal Gazette of Fiji; and they shall be printed, and a printed copy thereof shall be affixed and at all times kept exhibited conspicuously, at each Court-house.

(.">.) Printed copies shall be sold at such price as the High Commissioner directs. (0.) Until Regulations have been so affixed, and have been for one month kept so exhibited, at the Court-house of a district, no act done in that district shall be deemed to be an offence against the Regulations. (7.) For the purpose of a prosecution, and for all other purposes, a copy of the Royal Gazette of Fiji,' publishing such Regulations, or a printed copy of an instrument purporting to bo such Regulation, that copy purporting to be certified as a true copy under tlie hand and official seal of the HighC'ommissioner, shall be conclusive evidence of the Regulations.

Orders of Prohibitum and Removal.

20. Where it is shown by evidence on oath, to the satisfaction of tho High Commissioner, that any British subject is disaffected to Her Majesty's Government, or has committed or is about to commit an offence against the Pacific Islanders Protection Acts, 1872 and 1875, or is otherwise dangerous to tho peace and good order of tho Western Pacific Islands, the High Commissioner may, if ho thinks fit, by order under his hand and official seal, prohibit that person from being in the Western Pacific Islands, within the limits specified in the order, during any time therein specified, not exceeding two years. (2.) If the person named in the order of prohibition fails to obey, or acts in contravention of the order—

(i.) lie shall be guilty of an offence against this Order, and, on conviction thereof, shall bo liable to imprisonment for any time not exceeding two years, without t .prejudice to the operation of the order of prohibition; (ii.) Whether the offender has been convicted of, or imprisoned, for that offence or not, tho High Commissioner may, if he thinks fit, by'order under his hand and official seal, authorize and direct that he be taken into custody, and be removed in custody to some place named in the order of removal, being a place in the Western Pacific Inland:;, beyond tbu limit.", specified in tho order of prohibition; (iii.) Tho offender shall be taken into custody and removed accordingly, and in such removal, force may bo used, if necessary, itxd he shall be discharged from suoh custody at the place named in the <erder ef removal.

(ft.) An appeal shall not lie staler this Order nguiust an order of prohibition or removal.

(4.) 'l*ho High Commissioner, by order of his hand and official seal, may from

time to time vary any order of prohibition (not extending tne duration thereof), and may revoke any order of prohibition or removal

(5.) The High Commissioner shall forthwith report to the Secretary of Suu every order made by him under thiarticle, and the grounds thereof, and th< proceedings thereunder. Deportation. . r; 2C. (i) Where it is proved that ihere is reasonable ground to apprehend that a British subject is about to commit a breach of the public peaco or is about to commit an offence against the Pacific Islanders Protection Acta 1872 and 1S7;") —or that the acta or conduct of a British subject arc or is likely to produce or excite to a breach of the public peace,— the Court may, if it thinks fit for reasons recorded in the minutes, cause him to be brought beforo it, and require him to give security to the satisfaction of the Court to keep the peace, or for his future good behaviour, as the case may require ; (ii) Where a British subject is convicted of an offence before the Court, the Court may, if it thinks fit, require him to give security to the satisfaction of tho Court for his future good behaviour, and for that purpose may (if need be) cause him to be brought before tho Court; In either of these cases, if the person required to give security fails to do so, the Court may, if it thinks fit, order that he be deported from the Western Pacific Islands to a place named in the Order. (2.) The place shall bo either in Fiji or in some other part of Her Majesty's Dominions out of the United Kingdom, the Government whereof have consented to the reception therein of persons deported under this Order.

(3.) A Judicial Commissioner or Deputy Commissioner making an order of deportation shall forthwith report to the High Commissioner the order, and the grounds thereof, and the order shall not be carried into execution without the direction of the High Commissioner by writing under his hand, and official seal. (4.) The person to be deported shall be detained in custody until a tit opportunity for his deportation occurs. (•*).) Ho shall, as soon as is practicable, and in the cuse of a person convicted, either after the execution of the sentence, or while it is in course of execution, — be embarked in custody, under tho warrant of the High Commissioner, on board one of Her Majesty's vessels of war, or, if there is no such vessel available, then on board any British or other fit vessel bound to the place of deportation.

(G.) The warrant shall lie sutiicie authority to the commander or master the vessel to receive and detain tl

person therein named, and to cany him to and deliver him up at the place named, according to the wan-ant. (7.) The Court may order the person to be deported to pay all or any part of the expenses of his deportation. Subject thereto, the expenses of deportation shall be defrayed as the expenses relating to the distressed British subjects are l defrayed, or in sucli other manner as the j Secretary of State from time to time directs.

(8.) The High Commissioner shall forthwith report to the Secretary of State every order of deportation made under this Order, and the grounds thereof and the proceedings thereunder. (0.) An appeal shall not lie under this Order against an order of deportation. (10.) If any person deported under this Order returns to the Western Pacific Islands without permission in writing of the Secretary of State (which permission the Secretary of State may give), he shall he deemed guilty of an offence against this Order, and shall for every such offence he liahle to imprisonment for any term not exceeding one month, with or without hard labor, and with or without a money penalty not exceeding ten pounds, or to a money penalty not exceeding twenty pounds alone. (11.) He shall also he liable to be forthwith again deported under the original order, and a fresh warrant of the High Commissioner. Extent of PmiMtmmt.

27. The Court, by a Judicial Coraissioner, shall, (subject and without prejudice to the other provisions of thfll Order) have power to adjudge any such punishment as anv Court of criminal jurisdiction in England has for tho time being power to adjudge. (2.) The Court, by the High Comissionor or a Deputy Commissioner, shall (subject and without prejudice to the other provisions of this Order) have power to adjudge punishment as follows, but no further or otherwise, namely: (I.) Imprisonment for any term not exceeding twelvo months, with or without hard lubor, and with or without a money penalty not exeeeding fifty pounds; or (n.) A money penalty not exceeding fifty pounds, without any imprisonment; and (hi.) In case of a continuing offence, in addition to any suoh punishment by imprisonment or a money penalty, or both, as aforesaid, a money 1" unity not exceeding in any owe one pound for each day during which the offence continues after tho day of the commission of tho original offence.

Mode of Trial. 28. Whore tho offence charged is treason or murder, the charm; shall be triable by a Judicial Commissioner, with Assessors, and not otherwise; and tho presence of at least two Assessors throughout tho trial shall be indiaponsublu (2.) In each of the following oases, via.: (i.) Where the offence charged is man-

slaughter, or assault endangering life, or arson, or housebreaking; (ii.) Where it appears to the Court, at any time before the triaJ, that the offence charged, if proved, would not be adequately punished by n sentence cither of imprisonment foi three months, with hard labor, or oi |

a money penalty of twenty pounds the charge shall bo triable with Assessors, and not otherwise.

(3.) Where this Order docs not make a charge triable with Assesors. it shall be triable by summary trial without Assessors. > (4.) Where a charge is tried by summary trial, without Assessors, the punishment adjudged shall not exceed that specified in this Article, Tiiiin of Examination and Trial. 2fl. Where a penou, subject to the criminal jurisdiction of the Court, is charged with an offence on summons or warrant issuing out of the Court, he shall be brought before the Court within forty-eight hours after survico of the summons or execution of the warrant, unless in any case circumstances unavoidably prevent his being brought be-fore tho Court within that period, which circumstances shall be recorded in the minutes.

(2.) In every case, ho shall be brought before the Court as soon after the expiration of that period as circumstances reasonably admit, and the time and circumstances shall bo recorded in the minutes.

30. a Whcro tho'neoused is ordered to be tried before with Assessors, he shall ;he tried as soon after the making of the order as circumstances reasonably admit.

(2.) As long notice of the time of trial as circumstances reasonably admit shall be given to him in writing, under the seal of the Court, which notice shall be rccordcied in the minutes.

Interrogation of declined.

31. At the trial of an accused pcrsonf either by summary trial, or otherwise on a charge for an offence committed within the Western Pacific Islands, not within the jurisdiction of the Admiralty, the Court may, if it thinks fit, from time to time, at any stage of tho proceedings", without previously warning the accused, put such questions to him as the Court thinks necessary or proper for arriving nt the truth respecting the charge, and his answers shall be evidence on the charge.

(2.) No oath shall be administered t( the accused.

(3.'> No question shall be put to him except by the Court. (i.) "So question shall be put to him, and no answer shall be received from him, other than questions and answers bearing immediately on the charge.

(5.) A question shall not be put to him, and an answer shall not be received from him, prejudicially affecting or likely to prejudicially affect, any person other than the parties to the charge. (0.) The interrogation of the accused by the Court shall not be regarded by the Court as in the nature of a crossexamination, but shall be conducted so to allow of the accused making a full statement of what he desires to be taken as tho truth of the matter.

(70 If the accused refuses to answer, or answers falsely, any question put to him by the Court, he shall not be liable criminally for so doing, but the Court may draw therefrom such inference as it thinks just. 32. No influence by promise or threat or otherwise shall be used to the accused to induce him to answer any question or to make any statement. 33. The provisions of Articles 31 and 32 shall extend and apply to a preliminary examination where the trial is to be before the Court.

34. In case of a preliminary examination, the whole interrogation of the accused by the Court, including every question put to him and evory answer received from him, shall be recorded ill full, and shull be read ov-r tjo him ; and he shall be at liberty to explain or add to his answers or statements.

(2.) When the whole has been conformable to what the accused deolares to be the truth, he shall sign it, if ho will. (3.) In every case the Deputy Commissioner shall certify it under his hand and the seal of the Court.

(4.) It will be brought before the Court and shall he evidence on the trial. 3". The provisions of Articles 31. 32 and 34, shall extend and apply to trials, preliminary examinations, and other proceedings under this Order in the Supreme Court, cither original or on appeal. Remand. 301 When an accused person is in custody, he shall not be remanded at any tiino for more than seven days, unless circumstances appear to tho Court to make it necessary or proper that he should be remanded for a longer time, which circumstances, and the time of remand, shall be recorded in the minutes. (2.) In no case shall a remand be moro than fourteen days at a time.

37. Every accused person may be admitted by thu Court to bail at any stage of the proceeding. (2.) Where the offence charged is treason or murder, the High Commispioner or a Judicial Commissioner shall alone have power to admit to bail. (3.) Where tho ofTencc charged is one of the following, it shall be in the discretion of the Court to admit the ooouscd to bail or not, according to tho circuruBtunccs, —namely! Felony (uot being murder); Assault withintent to commit felony; Attempt to commit felony; Perjury or subornation of perjury ;

Riot; Assault on a constable or officer of the Court iu the execution of his duty, or ou any person acting in his aid; Neglect or breach of duty as n constable or officer of the Court. (4.) In nil otber cases the Court shall admit the accused to bail, unless in any instance tho Court, having regard to tlio circumstances, sees 0 reason to tho contrary, which reason siwll be recorded in the minutes. ■ "" ' '.,»,'" The High Commissioner or a Judicial Commissioner may, if he thinks lit, admit to bail a person charged before a Deputy Commissioner with any offence, although the Deputy Commissioner, in the exercise of his discretion, has not thought tit to admit the accused to bail. (TO BK CONTINUKD.)