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PUBLIC RECORD OFFICE
Reference :-
C.O. 885
8.
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
Surveyors. 20511/02. 16312/02.
Legal prac titioners.
25074/02, 19 June.
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APPENDIX XXVII.
Précis of South African Correspondence with reference to Subject 5 for discussion at the Colonial Conference.
The question of the admission to practise in the new Colonies of "duly qualified "members of the learned and skilled professions now admitted and hereafter to be admitted to practise in the Dominion of Canada, the Commonwealth of Australia, "and in New Zealand" has engaged attention with reference to (a) Surveyors, (b) Legal Practitioners, and (c) Doctors and Chemists.
As to (a) Lord Milner and the Government of New Zealand have already agreed in direct correspondence to accept the principle of reciprocal admission of qualified sur- veyors, with the proviso, on both sides, that a licence or diploma is presented obtained on examination equal to that which now rules throughout Australasia and accompanied by a letter of recommendation from the State Examining Board which issued it that the surveyor named is personally and professionally reputable and up to date.
Arrangements for such examinations in the new Colonies will doubtless be made in due course, the surveyors' examination in the Cape and Natal affording a model.
As to (b) Legal Practitioners, the existing position as regards the Transvaal is defined in subsection (d) of Proclamation 14 of 1902, which enacts that the Colony will admit " any person who shall have been admitted to practise as an advocate in the Supreme Court of any British Colony, and who at the date of his application "for admission to practise in the Colony remains enrolled as an advocate of such Supreme Court as aforesaid provided that such person (1) shall have passed an "examination in law which at the date of his application for admission as aforesaid " is covered by a notice issued in terms of subsection (a) of section 12 (i.e., a notice by the Governor that such examination is deemed equal to the examination for "the degree of Bachelor of Laws in the University of the Cape of Good Hope) and (ii) shall for a period of seven years successively have practised in such Supreme "Court as aforesaid exclusively as an advocate and not in partnership with any "attorney of such Court." The conditions of admission for attorneys are practically As regards the Orange River Colony, a similar proclamation has not yet been issued, but that Colony will presumably be brought into line with the Transvaal as in other cases.
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the same.
Lord Milner's opinion is that the above provisions are sufficiently liberal, and that no general undertaking on the lines of the New Zealand notice of motion should be given. He notes that though reciprocity cannot be demanded now in view of the special circumstances, it will without doubt be demanded at a later date.
As regards medical practitioners, dentists, and chemists or druggists, provisional arrangements have been made pending. the establishment of a medical council similar to the medical councils which regulate admission to the practice of these professions in the Cape and Natal.
Under this provisional arrangement persons desiring to practise these professions in either the Transvaal or the Orange River Colony must obtain a licence from the Colonial Secretary of the Colony, after submitting for his examination and approval their diploma or certificate, and, if required, evidence of their identity and good character.
Licences are granted to persons on a British medical register or entitled to be registered in Great Britain and Ireland.
Lord Milner reports that for the purpose of licences to medical practitioners, the Transvaal Government accepta diplomas from the following Colonial and Indian Universities:-Adelaide, Melbourne, Sydney, New Zealand, Bombay, Calcutta, Madras, It will be seen that the Transvaal Punjab, Malta, and the Ceylon Medical College.
Government recognises diplomas to which Part II. of the Medical Act, 1886, has been applied, and admits practitioners from those British possessions whose Governments recognise the principle of reciprocity. It is, however, understood that the Canadian
• Part IL of the Medical Act provides for the recognition of diplomas of those countries which give to British medical practitioners such facilities for practice there as seem to the King in Council to be just.
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provincial Governments are not willing to extend reciprocal advantages to British medical practitioners, and have not entered into any arrangement under Part II. of the Medical Act, 1886.
In the case of chemists and druggists there is no information as to details. Generally speaking, Lord Milner's view is that professional men from the self- governing Colonies should be admitted to practise in the new Colonies, unless the standard of examination and experience in their own Colony is distinctly lower than that required in the new Colonies. He thinks, however, that there should be reciprocity in such matters.
It has been suggested that a local committee should be appointed to consider the matter and formulate proposals.
Colonial Office,
28th June 1902,
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