Printed for the use of the Cabinet.
Miscellaneous
'No. 211.
MEMORANDUM.
REPEAL OF SECTION 3 OF THE FOREIGN ENLISTMENT ACT.
On the outbreak of the Russo-Japanese War it was found that the Foreign Enlist- ment Act had not been proclaimed in certain territories and therefore was apparently not in force in them. These territories included Fiji, Ashanti, Transvaal, Orange River Colony, Griqualand West, Bechuanaland, Zululand, and Basutoland. The matter was referred to the Law Officers, who reported that the Act should be proclaimed in Fiji and that legislation, followed by proclama- tion, should be passed in all the other terri- tories except Bechuanaland.
In view of the elaborate nature of the legislation necessitated and the desirability of determining, as
soon as possible, the doubts which it appeared might arise with regard to other parts of British territory, notably British New Guinea (now Papua), and the Kowloon territories, it was proposed that a short Bill should be prepared repeal- ing Section 3 of the Foreign Enlistment Act, which required proclamation, and declaring it to be in force throughout His Majesty's Dominions whether acquired before or after the coming into operation of that Act.
The Bill was drafted by Parliamentary Counsel in 1905, and approved by the Foreign Office. The effect of this Bill is to give the Foreign Enlistment Act, 1870, force in all existing British possessions, and in all territories which may hereafter become part of His Majesty's Dominions.
Colonial Office,
November 14, 1907.
PUBLIC RECORD OFFICE
Reference :-
TTTTTC.O.885
19 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
[5 EDW. 7.]
FOREIGN ENLISTMENT.
DRAFT OF A BILL to Repeal Section Three of the Foreign Enlistment Act, 1870. A.D. 1905.
Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
B. 3.
of
1. Section three of the Foreign Enlistment Act, 1870 (which requires that Act Repeal to be proclaimed in every British possession and brings it into operation in that 3334 possession on the day of such proclamation), is hereby repealed, and accordingly Vict. c. 90. that Act has effect in every British possession acquired before the passing of this Act, whether that Act has been proclaimed in that possession or not, and shall also have effect in every territory which may hereafter become part of His Majesty's Dominions.
2. This Act may be cited as the Foreign Enlistment Act, 1905,
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1107 D&S 3 30450