332
PUBLIC RECORD OFFICE
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TLC.O.882/11
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PUBLIC RECORD OFFICE, LONDON
C 53429/28/8 [No. 1].
35
No. 12..
CHAMBER OF SHIPPING OF THE UNITED KINGDOM to COLONIAL OFFICE. [Answered by No. 15,]
DEAR SIR,
28, St. Mary Axe, London, E.C.3, 4th October, 1928. British Shipping and Ceylon.
Tue attention of this Chamber has been recently drawn to the Report* of the special Commission on the Constitution of Ceylon. It is observed that this Report records that under the present Constitution the Governor is prevented from assenting to certain Bills among which are the following:—
Any Bill of an extraordinary nature and importance whereby the Royal prerogative or the rights and property of British subjects not residing in the Island, or the trade and shipping of the United Kingdom and its Dependencies, may be prejudiced."
The Commission proceeds to propose that under the new Constitution of Ceylon other provisions of a similar nature should be added, including the following:
"Any Bill relating to or affecting trade outside the Island, or docks, harbours, shipping, or any lands, buildings, or other matters of naval, military or aerial interest of Imperial concern.'
11
My Chamber deeply appreciate the intention of the Commission in thus seeking to safeguard the rights and properties of British subjects, including shipowners, engaged in trade in or with Ceylon. The indirect discrimination which has been applied against British shipowners under the Navigation Acts of Australia and the open discrimination against them which is threatened by the adoption within the last few days of the Coastal Reservation Bill in the Indian Legislative Assembly give ground for apprehension of the dangers to which British industry and commerce may be subjected in the absence of sufficient constitutional safeguards. Moreover, in Ceylon itself attacks have from time to time been made against shipowners and their organisa- tions which are in absolute contradiction to the findings of such impartial and authori- tative tribunals as the Royal Commission on Shipping Rings before the war and the Imperial Shipping Committee since the war.
It is, therefore, very desirable that proper steps should be taken in good time to The first line of defence of British interests is in the safeguard British interests. opinion of my Chamber, the British Government itself. It should be recognised by other members of the British Commonwealth of Nations whether they enjoy Dominion status or not that the Mother country is still a partner and one upon whom they depend for defence and very largely for their markets and whose long experience, interests and services combine to entitle her to an equal share in the determination of Imperial economic policies. These facts are indeed quite clearly appreciated by the Imperial Economic Conference and the policies framed from time to time by that Conference have proved sound and progressive. The danger to British interests is rather in the adoption of local legislation in Dominion or Colonial legislatures where local political It is here, therefore, that issues may sometimes prevail over broad economic sense. shipowners feel the need for the restraining hand of the British Government to prevent unwise measures being adopted which, whatever plausible local arguments may be advanced in favour of them, must be detrimental to the economic interests of the Empire as a whole.
They would ask, therefore, that the British Government should be ready to advise the refusal of Royal Assent to any measure which discriminates against British industry and commerce, including shipping.
The second line of defence of British interests is that indicated by the Commis- sion, namely, to define the character of those local measures the nature of which would justify the refusal of assent. My-Chamber feel that the existing Clause in the Con- stitution as quoted above, is sufficiently wide to protect British interests assuming that it is possible in every case in which such interests are threatened to apply the power of veto, but would suggest that it should be extended from "trade and shipping of the United Kingdom and its Dependencies" to "trade and shipping of the Empire.' They are less satisfied with the Clause proposed by the Commission which indeed weakens the existing position. For instance it is not enough to exclude “trade out-
* Cnid. 3131.
39
side the Island " as by controlling the operations of oversea trade that are carried on within the Island the Cingalese legislature could destroy its oversea trade as a whole. Bills relating to or affecting oversea trade or shipping should stand quite apart from Bills relating to or affecting docks, harbours, lands and buildings, and shipowners feel that they should be dealt with by a separate Clause such as-
"
11
Any Bill relating to or affecting oversea trade or shipping."
or other Further, the qualification of the old Clause by the addition of the words
might limit the matters of naval, military or aerial interest or of Imperial concern power of the Governor to cases where it could be proved not only that the economic interests of Great Britain or of the Empire would be prejudiced but that naval, military or acrial questions were also involved."
I am, therefore, desired to invite your attention to the considerations urged above and to express the hope that the British Government will use their influence to secure the amendment of the Constitution of Ceylon accordingly and the issuing of Royal instructions to the Governor which will give him not merely the power but the positive duty of protecting British interests against discriminatory legislation.
C. 53429/28/9 [No. 2].
No. 13.
Yours, &c.,
H. M. CLEMINSON,
General Manager.
THE SECRETARY OF STATE to THE GOVERNOR.
(Sent 5 p.m., 9th October, 1928.)
TELEGRAM.
SECRET. Your telegram of 26th September * Indian franchise. No objection to your exploring suggestions indicated or any reasonable prospect of compromise but if substantial alterations are made in recommendations of Special Commission I must consider the effect as a whole with a view to restoring due balance.
Are you satisfied that proposals as to finger prints would not be open to objection? You will no doubt concur in deprecating any open differentiation between British subjects.-AMERY.
C. 53429/28/6 [No. 2].
(No. 701.)
No. 14.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 15th October, 1928.)
Queen's House, Colombo, 20th September, 1928 SIR,
I HAVE the honour to transmit the enclosed copy of a letter (with enclosures) received from the Honorary Secretary of the Ceylon National Congress on the subject of the recommendations made by by the Special Commission on the Constitution.
2. As it is probable that other memorials on the subject will be received and as various resolutions are before the Legislative Council for debate in the session which opens on the 27th September, 1928, I defer comment for the present.
SIR,
Enclosure in No. 14.
I have, &c.,
II. J. STANLEY,
Governor.
CEYLON NATIONAL CONGRESS.
Congress Hall, 42, Silversmith Street,
Colombo, 12th September, 1928.
We have the honour to forward herewith 3 copies of the resolutions passed at the Special Session of the Ceylon National Congress held in Colombo on 1st Sep-
* No. 11.