PUBLIC RECORD OFFICE
דייי!
Reference :-
C.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
15 PUBLIC RECORD OFFICE, LONDON
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By the Convention Cyprus was assigned to be occupied and administered by England. We do not think that, if the Sultan should object, the assignment of the island for this limited purpose could be relied upon as justifying the raising of a force there for general service. No objection could, however, properly be taken by any Power other than Turkey, and if it be the case, as suggested by Sir N. O'Conor's despatch of 20th June, 1900, that the Sultan will not raise any objection, this point will probably not prove of practical importance. Another difficulty, however, arises with reference to the status of Cypriots. The proposed Corps would be part of Her Majesty's Regular Forces within the definition in the Army Act, 1881, section 190 (8), as being a force consisting of soldiers liable by the terms of their enlistment to render continuously, for a term; military service to Her Majesty in any part of the world-(see C.O. to L.O., 27th June, 1900).
By section 95 of the Army Act, 1881, the number of aliens serving together, at any one time, in any Corps of the Regular Forces is not to exceed the proportion of one alien to every fifty British subjects-a provision which was first introduced into our military law in 1837 by 1 Vic. C. 29.
If Cypriots are to be regarded as aliens, it is manifest that this provision would be violated by the formation of the proposed Corps as part of Her Majesty's Forces as defined by the Army Act. To treat Cypriots as British subjects would be inconsistent with the Reports of the Law Officers of 11th November, 1878, 21st March, 1879, and 8th January, 1881, and, while we observe that some relaxation of this view has obtained in the matter of passports and protection under them, we do not feel justified, on the materials before us, in advising a new departure of such gravity as would be involved in the assertion that Cypriots are to be treated as British subjects for the purposes of the Army Act.
Section 176 (3) of the Army Act, 1881, does not remove this difficulty. It does not confer upon Her Majesty any power of raising forces which she does not otherwise possess. It only renders subject to military law any such forces as are there referred to, and which have been lawfully raised.
The Right Hon. J. Chamberlain, M.P.,
&c., &c.,
&c.
We have, &c.,
• Nos. 185 B., 196 A. and 244 in Vol. III.
R. B. FINLAY. EDWARD CARSON.
SIR,
No. 65.
(NEW ZEALAND.)
LAW OFFICERS TO COLONIAL OFFICE.
&
Royal Courts of Justice,
January 7, 1901. WE were honoured with your commands signified in Mr. H. Bertram Cox's letter of the 21st ultimo, stating that he was directed by you to inform us that Her Majesty's Government had approved of the Cook Group and certain other islands in the Western
of Pacific being incorporated in New Zealand, and that from the accompanying copy telegram from the Governor of the Colony we should observe that the Colonial Legislature had assented to the requisite extension of boundaries, and that the Government desired that the necessary steps might be taken by the issue of an Order in Council, or Letters Patent, for such extension under the provisions of the Colonial Boundaries Act, 1895.
That the existing boundaries of New Zealand, as defined by 26 Vic. cap. 23, Section 2, comprised all territories, islands, and countries lying between the 162nd degree of east longitude and the 173rd degree of west longitude and between the 33rd and 55th parallels of south latitude; and that it was now desired to include within the boundaries of the Colony all the islands and territories within an area defined as follows :-From a position south latitude 23, west longitude 156, due north to south latitude 8, west longitude 156, thence due west to south latitude 8, west longitude 164, thence due west to south latitude 17, west longitude 170, thence due south to south latitude 23, west longitude 170, and finally due east to starting point south latitude 23, west longitude 156. That the present boundaries and the proposed addition were indicated by blue and red pencil lines on the accompanying churt.
That in the Law Officers' Report of 31st October, 1896, regarding the proposed annexation of Norfolk Island to the Colony of New South Wales, it was stated that "the general powers of Her Majesty to alter the boundaries of Colonies referred to in the Colonial Boundaries Act, 1895, could not be relied on to justify the annexation even with the consent of the Colony. The boundaries of New South Wales rest on a statutory basis. Even if the annexation of Norfolk Island could be deemed a question of boundary, we do not think that, in view of the Statute 18 and 19 Vic, cap. 54, it could be safely effected by Order in Council."
That it was not clear whether that opinion merely intended to imply that the power conferred by the Colonial Boundaries Act could not override the special provision made for the Government of Norfolk Island by 18 and 19 Vic. cap. 54, or generally that the powers conferred by the Colonial Boundaries Act to vary the boundaries of a self- governing Colony, with the consent of its Legislature, could not be exercised in cases where the boundaries of the Colony had been fixed by Imperial Statute.
That in the present case there had been no Imperial legislation in regard to Cook Islands, which had only recently been included in Her Majesty's Dominions, but that the boundaries of New Zealand rested on a statutory basis, viz., Section 2 of the Imperiui Act 26 Vic. cap. 23.
That the records of the Colonial Office showed that the Colonial Boundaries Act was laid before, and passed by. Parliament with the express object of enabling that which was now desired to be done; viz., the extension by Order in Council, or Letters Patent, of the boundaries of a Colony notwithstanding the fact that they were fixed by Imperial Statute, as was the case in regard to all the Australian Colonies referred to in the schedule to the Colonial Boundaries Act, 1895.
That under the circumstances, Mr. Bertram Cox was to request that we would take the matter into our consideration and report whether the desired extension of the boundaries of New Zealand could be effected by Order in Council, or Letters Patent, under the provisions of the Colonial Boundaries Act, 1895, or whether it must be done by means of Acts of the Imperiui and Colonial Parliaments.
• No. 119 in Vol. V.
7646 -25—1 1901
Wt 324
D&S
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