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KJII[1].L.D.01_09.pdf

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Ref: KJII.L.14/09; printed: 1/03/2009 12:17:17 PM 1 Tuesday, 3 March 2009 Our Ref: KJII.L.14/09 (as amended) By: Registered Post (confirmation by e-mail) Attention: Her Excellency Ms Quentin Bryce AC Governor-General of the United Kingdom of Australia This is an open letter published internationally. To Quentin Alice Louise Bryce, Companion of the Order of Australia, Governor-General of the former Commonwealth of Australia; I have not previously
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  Ref: KJII.L.14/09; printed: 1/03/2009 12:17:17 PM 1   Tuesday, 3 March 2009 Our Ref: KJII.L.14/09 (as amended) By: Registered Post (confirmation by e-mail) Attention: Her Excellency Ms Quentin Bryce AC Governor-General of the United Kingdom of Australia This is an open letter published internationally. To Quentin Alice Louise Bryce, Companion of the Order of Australia, Governor-General of the former Commonwealth of Australia; I have not previously had the occasion to introduce myself - it is now appropriate that I do so formally; viz  : I Declare, according to Law, I am: JAMES THE SECOND, by the Grace of God, King of Australia and His other Territories, Head of the United Kingdom of Australia. Greeting. As you are undoubtedly aware, the English Crown itself is a ‘corporation sole’ (as distinct from a corporation) that represents the legal embodiment of the Executive Government, which in English law is a legal entity consisting of a single (sole) incorporated office, occupied by a single (sole [the sun personified]) man or woman. This allows a corporation sole (usually a religious corporation but not necessarily) to pass vertically in time from one office holder to the next successor-in-office, giving the position legal continuity with each subsequent office holder having identical powers to his predecessor. In the late seventeenth century, Stewart Kyd, the author of the first treatise on corporate law in English, defined a ‘corporation’ as:  Ref: KJII.L.14/09; printed: 1/03/2009 12:17:17 PM 2 “A collection of many individuals united into one body, under a special denomination, having  perpetual succession under an artificial form, and vested, by policy of the law, with the capacity of acting, in several respects, as an individual, particularly of taking and granting property, of contracting obligations, and of suing and being sued, of enjoying privileges and immunities in common, and of exercising a variety of political rights, more or less extensive, according to the design of its institution, or the powers conferred upon it, either at the time of its creation, or at any subsequent period of its existence,” i   op.cit  . Corporations are brought into being within a legal framework or body of law that specifically creates them as legal personalities. Typically, corporations are viewed as a  fictional person,  a legal  person , or a moral person , as opposed to a natural person. Thus, once created, corporate statutes typically give corporations the ability to own property, sign binding contracts, pay taxes in a capacity that is separate from that of its shareholders, who are sometimes referred to as “members.” According to Lord Chancellor Haldane: “...a corporation is an abstraction. It has no mind of its own any more than it has a body of its own; its active and directing will must consequently be sought in the person of somebody who is really the directing mind and will of the corporation, the very ego and centre of the personality of the corporation,” ii   op.cit  . You will agree that the ‘Australian Imperial Crown’ (The Crown) existed in Law as a legal fiction or simply a mental concept - similar to that described by Lord Chancellor Haldane above. In other words, The Crown existed in Law, but not materially as a corporation sole in fact. This is no longer the case. I Declare: The Crown in Australia has passed into being as a corporation sole according to Law. In order to achieve this, I have evoked a special legal framework - vested in the policy of the Law in  both statute and the common law of Australia and the United Kingdom (Law [ as referred to herein, as distinct from: ‘law ’]) - to bring The Crown into being as an existing legal personality in fact and Law. Thus, I Declare I am the King of Australia according to Law. With respect to the forgoing matters, I refer in part, yet without limitation whatsoever, your attention to the following matters, facts, and things. Specifically, I draw your attention to Clause  2 of the Preamble to the Commonwealth of Australia Constitution Act  ( The Constitution ) as generally cited, and other relevant matter, viz  :  Ref: KJII.L.14/09; printed: 1/03/2009 12:17:17 PM 3 1.   Queen Victoria’s Proclamation of 17 September 1900, published in Gazette  1901, p. 1,  passed in the sixty-fourth year of Her Reign, enacting an Act of Parliament intituled: “  An  Act to Constitute the Commonwealth of Australia ” uniting The People of New South Wales, Victoria, South Australia, Queensland, Tasmania and Western Australia in a Federal Commonwealth (  Imperial Statutory rules and Orders, Revised 1948, Vol. II., Australia, p. 1027); 2.   an Act generally cited as: The Statute of Westminster, 1931 UK; enacted to give effect to certain resolutions passed by Imperial Conferences held in the years 1926 and 1930; 3.   an Act generally cited as: The Statute of Westminster Adoption Act 1942 ; enacted to remove Doubts as to the Validity of certain Commonwealth Legislation, to obviate Delays occurring in its Passage, and to effect certain related purposes; by adopting certain Sections of the Statute of Westminster, 1931 , as from the Commencement of the War between His Majesty the King and Germany; 4.   an Act generally cited as the: Royal Powers Act 1953 , Act No. 74, 1953; assented to 10 December 1953 - commenced 7 January 1954; 5.   Elizabeth The Second’s Letters Patent of 21 August 1984, in relation to the Office of Governor-General of the former Commonwealth of Australia;  see  clause V (b) of those Letters Patent, published in Gazette  1984, S334; 6.   an Act generally cited as: Australia Act 1986 ( Act No. 142; assented to 4 December 1985 and came into operation on 3 March 1986 at 5.00 a.m. Greenwich Mean Time [  see Gazette  1986, No. S85, p. 1]), an Act to bring constitutional arrangements affecting the Commonwealth and the States into conformity with the status of the former Commonwealth of Australia as a sovereign, independent and federal nation; 7.   … ; 8.   Elizabeth The Second’s Letter Patent of 11 May 2003   Amending Her Letters Patent of 21 August 1984 relating to the Office of Governor-General of the former Commonwealth of Australia; published in Gazette   2003, S 151; 9.   Elizabeth The Second’s Letters Patent of 21 August 2008,   Revoking Her Letters Patent of 21 August 1984   in relation to the Office of Governor-General of the former Commonwealth of Australia;  see  clause V (b) (not cited herein); 10.   applicable common law (not cited herein).  Ref: KJII.L.14/09; printed: 1/03/2009 12:17:17 PM 4 Your Excellency, I suspect you may be asking yourself why I have embarked on, what is in Australian history anyway, unprecedented territory. The following legal terms, which are used in a number of common law contexts (emphasis added), aptly sums up my legal position, vis-à-vis: the Latin phrase:  Ultra   vires,  which as you are aware literally means “beyond the powers,” is of substantial relevance given my personal history. As for I, I have, and We shall continue to act: intra vires . Here will be found the common postulates and values upon which this matter must now be resolved, as did King Charles The Second. At the same time the truly basic points of conflict that will have to be worked upon for resolution of this matter, will be revealed in this context. To this end, I refer your attention to the case of  Dey v Victorian Railway Commissioners  (1949) 78 CLR 62, 91, whereas future Chief Justice of the High Court Owen Dixon stated in dicta , viz  : “… once it appears that there is a real question to be determined whether of fact or law and that the rights of the parties depend upon it, then it is not competent for the court to dismiss the action as frivolous and vexatious and an abuse of process.”  Indeed, Law is inherently purposive. It deserves more purposive attention; for on its immediate growth undoubtedly hangs My fate; and, I reasonably suspect, the fate of civilisation. Finally, I note, in Commonwealth of Australia Gazette No. 56 of 16 July 1936 it was notified that the Governor-General had adopted a personal flag for use in Australia (Annexure-1). This act is  particularly relevant in the context of the legal framework and timeline which established The Crown within a Realm of the Commonwealth as an Australian independent and sovereign legal entity. A Commonwealth Realm is any one of 16 sovereign states within the Commonwealth of  Nations. The Chambers English Dictionary defines a ‘realm’ as: “… a Kingdom,” iii   op. cit.,   inter alia . The flag, which is in the proportion of two to one, has a royal blue background on which is the Royal Crest in gold (on a St Edward’s Crown a lion  statant guardant   also crowned) with the words “Commonwealth of Australia” in dark blue letters on a gold scroll below the Crest. The St Edward’s Crown is the official coronation crown used exclusively in the coronation of a new monarch. The Crown’s design includes a base with four crosses pattée  alternating with four  fleurs-de-lis . From the top of the crosses rise two complete arches of gold, crossing each other, and curving deeply downwards at the point of intersection. Importantly these arches are considered to  be the mark of independent sovereignty (emphasis added). Notably, the St. Edward’s Crown has  been used as a symbol of royal authority since 1953 in the Commonwealth Realms. I am entitled to have the matter I have raised herein dealt with according to Law. As the Governor-General, you have been the guardian of The Crown in right of Australia. It seems only fitting, therefore, that you now act as Our defender.

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