Maritime and Commercial Law

HC Deb 10 November 1948 vol 457 cc1540-1

37. Mr. Gammans

asked the Secretary of State for the Colonies whether he proposes by means of the Maritime and Commercial Law Ordinance of 1948 in the Seychelles, to apply the law of England in all commercial banking, insurance and shipping transactions; what steps have been taken to ensure that the provision of the law of England in regard to these matters shall be brought to the notice of people in the Seychelles; and whether copies of the law can be seen in any public library in the Colony.

Mr. Creech Jones

As the reply is rather long, I propose, with the hon. Member's permission, to circulate it in the OFFICIAL REPORT.

Following is the reply:

The Maritime and Commercial Laws Ordinance of 1948 was introduced by the Governor of Seychelles at the request of the commercial community. In maritime matters, English law is already in use, and the Ordinance is purely declaratory for the removal of doubt.

It is the intention that the law of Seychelles, in respect of commercial partnerships, companies, corporations, banking, insurance, bills of exchange and other negotiable instruments, bankruptcy and the sale and carriage of goods, shall be, subject to the provisions of any enactment in force in the Colony, the law of England for the time being. Introduction of English commercial law will bring Seychelles into line with Mauritius, of which the Supreme Court is the Court of Appeal for Seychelles in commercial matters.

The Ordinance is an enabling Ordinance, and the relevant English enactments will be applied to Seychelles, with such amendments as may be necessary to meet local requirements, on dates to be proclaimed by the Governor with the advice and consent of the Legislative Council of the Colony. It is not the intention of the Governor to apply any English commercial law until copies of the relevant Acts of Parliament are available for publication in Seychelles, which will be arranged by means of distribution to Members of Legislative Council and to libraries, community centres, local government boards, and other centres accessible to the public.