car. 1] THE POWERS OF THE GOVERNOR 133 
from Australian Acts. The rule of ministerial responsibility 
is made absolute in the Tasmanian Interpretation Act, 1906, 
and the Union Interpretation Act, 1910, following the Cape 
by declaring that Governor means Governor in Council. 
Doubt may arise in such cases as the exercise of such 
prerogatives as that of ordering the seizure of enemy vessels 
in ports on the outbreak of war or otherwise, the grant of 
days of grace, and the exercise with regard to neutral vessels 
of the droit de prince. Moreover, the question was discussed 
at great length in the case of Chun T'eeong Toy, whether or 
not a Governor by virtue of his commission could perform 
an act of State. The Chief Justice of the Supreme Court 
of Victoria held that he could not do so in virtue of his 
commission? and Kerferd J.3 agreed with him in this view, 
though they held that in this case he could exercise the 
prerogative 4 of excluding an alien, but the majority 5 of 
the Court decided against that contention; and though the 
decision of the majority was reversed on appeal to the 
Privy Council,® nevertheless it was reversed on other grounds, 
and the Privy Council expressed no opinion on this particular 
issue. It is important to note that in this case the Chief 
Justice indicated as matters which did not fall within the 
prerogatives necessary for Colonial Government, prerogatives 
relating to war and peace and the conduct of foreign affairs, 
which would cover such cases as the droit de prince, Such 
prerogatives are regarded by Sir J. Quick and Mr. Garran? 
28 being without the sphere which is attributed even to the 
‘14 V. L. R. 349. 
' 14 V. L. R. 349, at pp. 4086, 407. 
' Which probably has long since ceased to exist (even in extradition cases 
it is obsolete ; see Brown v. Lizars, 2 C. I. R. 837; Hazelton v. Poiter, 
3 C. L. R. 445). 
5 Williams J., at pp. 413, 414 ; Holroyd J., at pp. 430,431 ; a’Beckett J., 
at p. 435; Wrendforsley J., at pp. 442, 443. 
¢ [1891] A. C. 272, on the ground that there was no statutory obligation 
bo accept payment for the Chinese and then to admit him, and generally 
that an alien has no right enforceable by action to enter British territory. 
T Constitution of Commonwealth, p. 391, following Higinbotham C. J., in 
14 V. L. R. 349, at p. 380. 
2 14 V. L. R. 349, at pp. 376, 377.