26687.
1
SIR,
No. 158.
(SOUTH AFRICA.)
LAW OFFICERS TO COLONIAL OFFICE.
[Release and repatriation of prisoners of war and other burghers.]
Royal Courts of Justice,
June 30, 1902. We were honoured with your commands signified to us by Mr. Bertram Cox in his letter of the 25th instant, stating that he had been directed by you to transmit to us a copy of a memorandum* prepared in your Department dealing with various questions connected with the release and repatriation of prisoners of war and other burghers.
That Mr. Cox was to enquire whether we saw any legal objection to His Majesty's Government proceeding on the lines laid down on that memorandum.
We have taken the matter into our consideration and in obedience to your command have the honour to
Report-
That there are only two points on which we have any observations to offer on this memorandum from the legal point of view,
The first relates to allowing foreigners to go to their own country "on the understanding that they will not go to South Africa.". There might be some difficulty in exacting from these persons an undertaking not to return to South Africa, but they might very well be informed that they will not be permitted to land there. If an undertaking were exacted questions might arise as to there being any right to detain any such persons who refused to give it.
The second point relates to the treatment of burghers who have not lost their German or other nationality of origin. We think that on the terms of surrender difficulties might arise as to asserting a right on the part of His Majesty's Government to refuse return on taking the oath of allegiance in the case at all events of those who haye been domiciled in South Africa for a long period, as they may be said to be not the less burghers because they also retain their old nationality, just as the 7th section of our own Naturalization Act, 1870, contemplates that a naturalized alien may retain his old nationality.
It is possible that special cases may arise in which special treatment in this respect might be equitable, and we do not desire to express any opinion on this except in view of all the circumstances of any such case if it arises.
The Right Honourable Joseph Chamberlain, M.P., &c., &c., &c.
• African No. 696.
25 W 416 9,04 D & 8
6
19170
We are, &c.,
R. B. FINLAY, EDWARD CARSON.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
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