This Document is the Property of His Britannic Majesty's Government.]
Printed for the use of the Cabinet. Apřil 7, 1901.
CONFIDENTIAL.
Miscellaneous No. 169.
FOREIGN ENLISTMENT ACT, 1870.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
9PUBLIC RECORD OFFICE, LONDON
Memorandum.
SECTION 3 of "The Foreign Enlistment Act, 1870" (33 & 34 Vict., cap. 90), enacts that that Act shall come into operation in every British possession on the day of its proclamation by the Governor.
2. The Act was accordingly proclaimed in British possessions soon after it was passed, but it has not been proclaimed in British possessions which have been annexed to His Majesty's dominions since that date. Consequently, doubts are entertained as to (1) whether the Act is in force in such after-acquired British possessions; (2) whether there is power now to proclaim it and bring it into operation in those possessions.
3. The questions arising with regard to the Act have been referred to the Law Officers of the Crown, and their Report, dated the 19th March, 1904, will be found printed as an Appendix to this Memorandum.
4. In addition to the territories referred to in that Report other territories will have to be considered, such as British New Guinea, annexed in 1888; the Kowloon territories of Hong Kong, annexed in 1888 and 1889; and various small portions of territory in South Africa and West Africa which have been annered to Colonies in which "The Foreign Enlistment Act, 1870," was proclaimed since the date of the proclamation of the Act in those Colonies.
5. It is submitted that, in view of the some- what elaborate nature of the legislation indicated as necessary in the Report of the Law Officers, the length of time which must elapse before that legislation can be enacted, and the necessity of
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terminating at as early a date as possible the doubts which have arisen, a short Act of Parlia- ment should be passed declaring that the Foreign Enlistment Act shall be in force throughout His Majesty's dominions, whether acquired before or after the coming into operation of that Act.
Colonial Office,
April 8, 1904.
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