Extracts from New Zealand Gazette.

New Zealand Police Gazette, Volume XIV, Issue 13, 18 June 1890, Page 115

Extracts from New Zealand Gazette.

(Prom Gazette, 1890, pages G 75, 697, 695, 697, and 698.) Clerk of Resident Magistrate's Court appointed.

Department of Justice, Wellington, 4th June, 1890. HIS Excellency the Governor has been pleased to appoint Constable Charles Cooper to be Clerk of the Resident Magistrate’s Court at Pahiatua. W. R. RUSSELL.

Police Gaoler appointed and Matron dispensed with, Oamaru.

Department of Justice (Prisons Branch), Wellington, 30th May, 1890. HIS Excellency the Governor has been pleased to appoint Acting-Sergeant John Dwyer to be Police Gaoler at Oamaru, vice J. S. Macdonald, transferred ; and to dispense with the services of Mrs. Macdonald as Matron. W. R. RUSSELL.

Bringing Sections 105 to 115 of “ The Resident Magistrates Act, 1867," into force in certain Districts.

(1.5.) ONSLOW, Governor. A PROCLAMATION. VTTHEREAS by “ The Resident Magistrates Act, 1867,” VV it is enacted that it shall be lawful for the Governor from time to time, by Proclamation in the New Zealand Gazette, to declare that, from a day to be in such Proclamation fixed, sections one hundred and five to one hundred and fifteen, both inclusive, having special reference to persons of the Native race, or such of those sections as shall be in such Proclamation specified, shall come into operation in such districts of the colony as shall be in such Proclamation specified, and until so proclaimed, and in places not included in any such district, such sections shall not be in force: Now, therefore, I, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities so vested in me as aforesaid, do hereby proclaim and declare that, from and after the twelfth day of June instant, sections one hundred and five to one hundred and fifteen, both inclusive, having special reference to persons of the Native race, shall come into operation within the following Resident Magistrate’s districts : Bay of Islands District. Kaipara District. Waikato District. Tauranga District. Napier and Waipukurau District. Given under the hand of ITis Excellency the Right Honourable William Hillier, Earl of Onslow, of Onslow in the County of Salop ; Viscount Cranley,

of Cranley in the County of Surrey; Baron Onslow, of Onslow in the County of Salop, and of West Clandon in the County of Surrey ; Baron Cranley, of Imbercourt; Baronet; Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George; Governor and Com-mander-in-Chief in and over Her Majesty’s Colony of New Zealand and its Dependencies, and ViceAdmiral of the same; and issued under the Seal of the said Colony, at the Government House, at Wellington, this sixth day of June, in the year of our Lord one thousand eight hundred and ninety. W. R. RUSSELL. God save the Queen !

Inspector of Weights and Measures, Buller and Westport appointed.

Colonial Secretary’s Office, Wellington, 6ch June, 1890. HIS Excellency the Governor has been pleased to appoint Sergeant Maurice Ready to be an Inspector of Weights and Measures under “ The Weights and Measures Act, 1868,” and the Acts amending the same, for the County of Buller and Borough of Westport, vice Sergeant Barrett, transferred. W. R. RUSSELL.

Clerk of Court appointed,

Department of Justice, Wellington, 11th June, 1890. HIS Excellency the Governor has been pleased to appoint Constable James Treanore to be Clerk of the Resident Magistrate’s Court at Woodville, and Clerk of the Licensing Committees for the Districts of Woodville and Woodville Town. W. R. RUSSELL.

Despatch.—Merchant Shipping Acts (Imperial), and Official Secrets Act (Imperial).

Colonial Secretary’s Office, Wellington, 4th June, 1890. THE following despatch, received from Her Majesty’s Secretary of State for the Colonies, is published for general information. W. R. RUSSELL.

(Circular.) Downing Street, 20th January, 1890. My Lord, — I have the honour to inform you that the usual number of copies of the statutes passed in the last session of Parliament (52 and 53 Viet.), which are supplied for the use of the colony under your Government, have been transmitted to you. The Passengers Acts Amendment Act, c. 29, the Revenue Act, c. 42, and the Merchant Shipping (Colours) Act, c. 73, have been already communicated to you by my circular despatch of the sth and 12th of September, and the sth of October. I have to call your attention to the Merchant Shipping (Tonnage) Act, c. 43, the Merchant Shipping Act, c. 46, and the Official Secrets Act, c. 52, which should be made known in the colony under your Government. I have, &c., Knutsford. The Officer Administering the Government of New Zealand.

Chapter 52. An Act to prevent the Disclosure of Official Documents and Information. [26th August, 1889. 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 Parliament assembled, and by the authority of the same, as follows : Disclosure of information. 1. (1.) (a.) Where a person, for the purpose of wrongfully obtaining information, — (1.) Enters or is in any part of place belonging to Her Majesty the Queen, being a fortress, arsenal, factory, dockyard, camp, ship, office, or other like place, in which part he is not entitled to be ; or, (2.) When lawfully or unlawfully in any such place as aforesaid, either obtains any document, sketch, plan, model, or knowledge of anything which he is not entitled to obtain, or takes without lawful authority any sketch or plan; or,

(3.) When outside any fortress, arsenal, factory, dockyard, or camp belonging to Her Majesty the Queen, takes or attempts to take, without authority given by or on behalf of Her Majesty, any sketch or plan of that fortress, arsenal, factory, dockyard, or camp ; or, (b.) Where a person knowingly having possession of, or control over, any such document, sketch, plan, model, or knowledge has been obtained or taken by means of any act which constitutes an offence against this Act, at any time wilfully and without lawful authority communicates or attempts to communicate the same to any person to whom the same ought not, in the interest of the State, to be communicated at that time ; or, (c.) Where a person after having been intrusted in confidence by some officer under Her Majesty the Queen with any document, sketch, plan, model, or information relating to any such place as aforesaid, or to the naval or military affairs of Her Majesty, wilfully and in breach of such confidence communicates the same when, in the interest of the State, it ought not to be communicated, he shall be guilty of a misdemeanour, and on conviction be liable to imprisonment, with or without hard labour, for a term not exceeding one year, or to a fine, or to both imprisonment and a fine. (2.) Where a person having possession of any document, sketch, plan, model, or information relating to any fortress, arsenal, factory, dockyard, camp, ship, office, or other like place belonging to Her Majesty, or to the naval or military affairs of Her Majesty, in whatever manner the same has been obtained or taken, at any time wilfully communicates the same to any person to whom he knows the same ought not, in the interest of the State, to be communicated at that time, he shall be guilty of a misdemeanour, and be liable to the same punishment as if he committed an offence under the foregoing provisions of this section. (3.) Where a person commits any act declared by this section to be a misdemeanour, he shall, if he intended to communicate to a foreign State any information, document, sketch, plan, model, or knowledge obtained or taken by him, or intrusted to him as aforesaid, or if he communicates the same to any agent of a foreign State, be guilty of felony, and on conviction be liable, at the discretion of the Court, to penal servitude for life, or for any term not less than five years, or to imprisonment for any term not exceeding two years with or without hard labour. Breach of official trust. 2. (1.) Where a person, by means of his holding or having held an office under Her Majesty the Queen, has lawfully or unlawfully either obtained possession of or control over any document, sketch, plan, or model, or acquired any information, and at any time corruptly or contrary to his official duty communicates or attempts to commmnicate that document, sketch, plan, model, or information to any person to whom the same ought not, in the interest of the State, or otherwise in the public interest, to be communicated at that time, he shall be guilty of a breach of official trust. (2.) A person guilty of a breach of official trust shall—(a.) If the communication was made or attempted to be made to a foreign State, be guilty of felony, and on conviction be liable, at the discretion of the Court, to penal servitude for life, or for any term not less than five years, or to imprisonment for any term not exceeding two years with or without hard labour ; and (6.) In any other case be guilty of a misdemeanour, and on conviction be liable to imprisonment, with or without hard labour, for a term not exceeding one year, or "to a fine, or to both imprisonment and a fine. (3.) This section shall apply to a person holding a contract with any department of the Government of the United Kingdom, or with the holder of any office under Her Majesty the Queen as such holder, where such contract involves an obligation of secrecy, and to any person employed by any person or body of persons holding such a contract, who is under a like obligation of secrecy, as if the person holding the contract and the person so employed were respectively holders of an office under Her Majesty the Queen. Punishment for incitement or counselling to commit offence. 3. Any person who incites or counsels, or attempts to procure, another person to commit an offence under this Act, shall be guilty of a misdemeanour, and on conviction be liable to the same punishment as if he had committed the offence. Expenses of prosecution. 4. The expenses of the prosecution of a misdemeanour under this Act shall be defrayed in like manner as in the case of a felony. Saving for laws of British possessions. 5. If by any law made before or after the passing of this Act by the Legislature of any British possession provisions are made which appear to Her Majesty the Queen to be of the like effect as those contained in this Act, Her Majesty

may, by Order in Council, suspend the operation within such British possession of this Act, or of any part thereof, so long as such law continues in force there, and no longer, and such order shall have effect as if it were enacted in this Act: Provided that the suspension of this Act, or of any part thereof, in any British possession shall not extend to the holder of an office under Her Majesty the Queen who is not appointed to that office by the Government of that possession. The expression “ British possession ” means any part of Her Majesty’s dominions not within the United Kingdom. Extent of Act and place of trial of offence. 6. (1.) This Act shall apply to all acts made offences by this Act when committed in any part of Her Majesty’s dominions, or when committed by British officers or subjects elsewhere. (2.) An offence under this Act, if alleged to have been committed out of the United Kingdom, may be inquired of, heard, and determined in any competent British Court in the place where the offence was committed, or in Her Majesty’s High Court of Justice in England or the Central Criminal Court, and the Act of the forty-second year of the reign of King George the Third, c. 85, shall apply in like manner as if the offence were mentioned in that Act, and the Central Criminal Court as well as the High Court possessed the jurisdiction given by that Act to the Court of King’s Bench. (3.) An offence under this Act shall not be tried by any Court of General or Quarter Sessions, nor by the Sheriff Court in Scotland, nor by any Court out of the United Kingdom which has not jurisdiction to try crimes which involve the greatest punishment allowed by law. (4.) The provisions of “ The Criminal Law and Procedure (Ireland) Act, 1887,” shall not apply to any trial under the provisions of this Act. Kestriction on prosecution. 7. (1.) A prosecution for an offence against this Act shall not be instituted except by or with the consent of the Attorney-General. (2.) In this section the expression “ Attorney-General ” means the Attorney- or Solicitor-General for England ; and, as respects Scotland, means the Lord Advocate; and, as respects Ireland, means the Attorney- or Solicitor-General for Ireland ; and, if the prosecution is instituted in any Court out of the United Kingdom, means the person who in that Court is Attorney-General, or exercises the like functions as the Attorney-General in England. Interpretations. 8. In this Act, unless the context otherwise requires,— Any reference to a place belonging to Her Majesty the Queen includes a place belonging to any department of the Government of the United Kingdom or of any of Her Majesty’s possessions, whether the place is or is not actually vested in Her Majesty : Expressions referring to communications include any communication whether in whole or in part, and whether the document, sketch, plan, model, or information itself, or the substance or effect thereof only, be communicated : The expression “document” includes part of a document : The expression “model” includes design, pattern, and specimen: The expression “sketch” includes any photograph or other mode of representation of any place or thing: The expression “ office under Her Majesty the Queen ” includes any office or employment in or under any department of the Government of the United Kingdom, and, so far as regards any document, sketch, plan, model, or information relating to the naval or military affairs of Her Majesty, includes any office or employment in or under any department of the Government of any of Her Majesty’s possessions. Saving. 9. This Act shall not exempt any person from any proceeding for an offence which is punishable at common law, or by military or naval law, or under any Act of Parliament other than this Act, so, however, that no person be punished twice for the same offence. Short Title. 10. This Act may be cited as “ The Official Secrets Act, 1889.”