The Secretary to the Home and Territories Department has forwarded for advice a copy of a memorandum by the Crown Law Officer of the Territory of New Guinea relative to the rights of natives to fishing over reefs in the territorial waters of the Territory.

• I am not aware of any law of the Territory whereby any rights in relation to fishing are given to aboriginal natives. I have not before me the German laws in force in the Territory prior to the commencement of the Laws Repeal and Adopting Ordinance 1921, but if any such law conferred any rights of fishing on natives, those rights would, I think, by virtue of section 9 of that Ordinance, continue subject to the provisions of any other Ordinance or law of the Territory.

2. Similarly any privilege or custom enjoyed or existing or any right recognised apart from Statute at the commencement of the Ordinance, would continue.

In order, however, to determine the nature and extent of any right, privilege or custom claimed, it is necessary to look beyond the Laws Repeal and Adopting Ordinance to all the facts of the particular case. The Ordinance does not confer any such right, custom or privilege. All it does is in effect to provide that any existing right, custom or privilege shall continue as if that Ordinance had not been made.

The Fisheries Ordinance 1922