$
Y
ง
is
›f
:r
e
If
1-
n
1;
le
1.
n
j-
le
it
ཤྲཱ བྱཱ : ལྔ — 2 ཤྩ ཤཱ ༷
es
to
:ts
ns
of
on
ཱ ཙ ཋ ཡཱ ཡ སྐྱུ
ii)
if
he
he
BRITISH EMPIRE
21
expression "the British Empire" as meaning His Majesty's dom- inions outside the United Kingdom (including all parts of India), territories under His Majesty's protection, territories under Mandate exercised by Dominion Governments and any territory under United Kingdom Mandate to which a particular section was declared by Order in Council to apply as if it were a territory under His Majesty's protection."
•
'British
(6) In section 7 (8) of the Finance Act, 1935,89 the Empire" was given the same meaning except that it included all United Kingdom Mandated Territories.
General meaning
Undefined, the expression includes at least all parts of Her Majesty's dominions, Protectorates and probably Protected States. It is questionable whether Mandated Territories and Trust Territories would be included, having regard to their status in international law. Whether the British Empire, undefined, includes territories under Condominium, q.v., seems to depend upon the circumstances of each case. In general it may reasonably be submitted that, in so far as the Crown is, so to speak, a joint tenant with some other power, the answer is in the affirmative.
In the New Hebrides, an Anglo-French Condominium, there are three separate spheres of governmental functions, French, British and joint. There is no geographical separation so it may not be easy to explain how the territory can be partly inside and partly outside the British Empire; but in relation to the French sphere of activities the New Hebrides cannot be part of the British Empire. It may be that the point is of little practical importance; if it arose in circumstances involving governmental functions it would be essential to distinguish The British between the respective powers of the co-domini.
Nationality Act, 1948, applies to the New Hebrides as if they were a Protected State.9
90
Canton and Enderbury Islands were placed under Anglo- American Condominium by agreement made in 1939.1 The provi- sions of the British Nationality Act, 1948, apply to Canton Island as if it were a Protectorate and persons born there are British protected As a matter of United Kingdom persons and not British subjects." municipal law, however, they appear still to be part of Her Majesty's dominions, since they are within the Gilbert and Ellice Islands, a
89 25 & 26 G. 5, c. 24.
02
90 (11 & 12 G. 6, c. 56), s. 30 (2); the British Protectorates, Protected States and
Protected Persons Order in Council, 1949 (S.I. No. 140, p. 522), ss. 6 and 7.
#1 Cmd. 5989.
92 See note 90 above and s. 10 of the Order in Council there mentioned.