Farrer to Rogers (Permanent Under-Secretary)

I am directed by the Lords of the Committee of Privy Council
for Trade to acknowledge the receipt of your letter of the 27th
August accompanied by a copy of a despatch from the Governor of
British Columbia enclosing an ordinance of the Colonial Legislature
for the regulation of the inland navigation of British Columbia
together with the observations of the local Attorney General upon
it and requesting to be informed whether this Board see any
objection to confirming the ordinance in question.

In reply I am to acquaint you that this Board see no reason
on account of the circumstances stated in the letter of the
Governor which should induce them to advise the Secretary of
State to disallow the ordinance. That ordinance appears to be
in conformity with the legislation of the United Kingdom and
the objections of the Governor on the grounds of policy seem to
this Board to be of a kind which can be appreciated by the
Secretary of State alone.

As regards the details I am to observe

1st That "The Merchant Shipping Act, 1854," which the
ordinance adopts, has been altered in various respects by
amendment Acts—copies of which are sent herewith for the
Governor's information. His attention should be especially
called to the last Amendment Act; viz: that of 1862.

2ndly As regard Clause 6 of the ordinance I am to
call attention to the new rules, copy of which is sent herewith,
for preventing collisions and to state that it is important
that these rules should be uniform and that in issuing rules
under section 6 of this ordinance these rules should be adopted.

My Lords consider this to be a point of great importance
since the rules have been adopted by all maritime nations
and since in the case of North America we have agreed with
the Government of the United States to apply them to the
inland waters as well as to the sea. If any special rules
are required for any particular river which is within the
colony they should be strictly confined to that river.

3rdly As regards clause IV taken in connection with
clauses XVI & XVII I am to draw attention to the fact that
Clause IV empowers the Governor to enable aliens to own
certain British ships. This appears to be contrary to the
letter of section 18 of the Imperial Act, which requires
that British ships shall be British owned.

I am also to point out that if it is intended that the
ordinance shall operate to repeal the Imperial Act as regards
certain vessels registered in the colony by virtue of the
powers contained in Section 547 of that Act the repeal ought
to be confined to vessels which by no possibility can go
beyond the limits of the rivers or lakes contained within
the colony and which therefore cannot come in contact with
foreign vessels or have anything to do with foreign laws or
jurisdiction. But it seems doubtful whether if this is
intended it should not be more clearly expressed.