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PUBLIC RECORD OFFICE
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Reference :-
C.O. 8
885
13 PUBLIC RECORD OFFICE, LONDON
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That Mr. Bramston was therefore to request that we would take the papers trans- mitted with his letter into our consideration, and that we would advise your Lordship whether that reply, with such amendments as we might suggest, would meet the case, or what other steps should be taken with respect to the petition in question.
In obedience to your Lordship's commands we have taken the papers into our consideration, and have the honour to
Report
That we approve of the reply proposed by your Lordship as stated in the letter of Mr. John Bramston of the 17th April.
We have, &c., (Signed) RICHARD E. WEBSTER.
EDWARD CLARKE..
The Right Hon. Lord Knutsford, G.C.M.G.,
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&c.
&c.
&c.
11,779.
MY LORD,
No. 121.
(SOUTH AFRICA.)
LAW OFFICERS to COLONIAL OFFICE.
WE were honoured with your Lordship's commands, signified in Mr. Bramston's
Royal Courts of Justice, June 12, 1888. letter of the 5th of April last, stating that he was directed by your Lordship to inform us that a question had arisen upon the construction to be placed on certain articles of the Convention of London concluded with the South African Republic in 1884, and as to the right of the Government of that State to grant to a Railway Company exemption from Customs duty on goods imported into the Republic on the railway which was to be constructed by the Company in question under concession from the Republican Government.
That Mr. Bramston was to enclose for our consideration the under-mentioned documents bearing on the question, viz. :-
1. A despatch from Her Majesty's High Commissioner in South Africa, enclosing copies of correspondence on the subject, and the opinion of counsel at Cape Town, including the Attorney-General of the Cape Colony.
2. A translation of the articles of the concession granted by the Government of the South African Republic to the Netherlands South African Railway.
3. Copies of correspondence between the President of the South African Republic and Sir Donald Currie, K.C.M.G., M.P.
4. The London Convention of 1884 with the South African Republic.
5. Map of South Africa, showing the relative positions of Delagoa Bay, the South African Republic, and the British Colonies referred to in the London Convention.
That it would be seen that, by the 13th article of the London Convention, the Government of the South African Republic bound itself not to impose other or higher Customs duties on any article imported from any part of Her Majesty's dominions than might be imposed on similar articles coming from any other place or country." That Mr. Bramston was to observe that that clause (which might be described as a "most-favoured nation clause") was similar in effect to that contained in numerous other treaties and conventions made by Her Majesty's Government with Foreign Powers.
That since the date of that Convention a concession had been granted by the Government of the South African Republic to the Company known as the "Netherlands South African Railway Company," of which the 39th article ran as follows in the translation given by the State Secretary of the South African Republic in his letter of the 6th of January last:-" For all goods, inclusive of cattle, carried by the Company over the railway for third parties, freedom from import and export duties "is allowed as an exclusive privilege granted to it by the Government of the South "African Republic."
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That it had been argued that that article, if carried into effect, would be an infringe- ment of the Convention of London, and that that contention had received the support of the Attorney-General of the Cape Colony and of Mr. W. P. Schreiner, Legal Adviser to the High Commissioner (copies of whose opinions were enclosed), mainly on the ground that the "most-favoured nation clause" necessarily precluded the grant of exclusive fiscal privileges to goods entering by a particular route, if such privileges had indirectly the effect of subjecting imports coming originally from any part of Her Majesty's dominions by other routes to other or higher duties than foreign goods imported by the favoured route.
That the Government of the South African Republic had, however, contended that the concession merely favoured one mode of transport above others without intending to make any distinction between the country of origin of the goods, and that the 13th clause of the London Convention had no reference to such an arrangeinent.
That the various arguments in support of those contentions were fully set forth in the enclosed correspondence and opinions, and that your Lordship need only remind us that the inland position of the South African Republic rendered it necessary that imports originating from this country should pass through other territories, either those of British possessions, such as the Cape Colony and Natal, or those of independent states, such as the Orange Free State and Portugal. That the Portuguese territory of
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