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of Hong Kong, in like manner and for all intents and purposes as if they had originally formed part of the said colony.

II. It shall be competent for the Governor of Hong Kong, by and with the advice and consent of the Legislative Council of the said colony, to make laws for the peace, order, and good government of the said territories as part of the colony.

III. From a date to be fixed by proclamation of the Governor of Hong Kong, all laws and ordinances which shall at such date be in force in the colony of Hong Kong shall take effect in the said territories and shall remain in force therein until the same shall have been altered or repealed by Her Majesty or by the Governor of Hong Kong by and with the advice or consent of the Legislative Council.

IV. Notwithstanding anything herein contained the Chinese officials now stationed within the city of Kowloon shall continue to exercise jurisdiction therein, except in so far as may be inconsistent with the military requirements for the defence of Hong Kong.

And the Right Honourable Joseph Chamberlain, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

R. E. W. R. B. F.

24600.

No. 198,

(SOUTH AFRICA.)

LAW OFFICERS to COLONIAL OFFICE.

*

Royal Courts of Justice, 29th October, 1898.

SIR,

WE were honoured with your commands signified in Mr. Wingfield's letter of the 10th instant, stating that he was directed by you to transmit to us copy of a letter from the Acting Secretary to the British South Africa Company, dated 7th September, together with a telegram, dated the 12th September, from the High Commissioner for South Africa, respecting the question of the naturalization of aliens in the territories administered by the British South Africa Company.

That in view of the contemplated issue of an Order in Council providing for the government of Southern Rhodesia and the election of members of the Legislative Council proposed by that Order, it had been thought desirable to consider in advance the question of the qualification of the electors who were to be entitled to vote at the elections of members of that Council.

That it had been considered that, if possible, the right to vote should be confined to British subjects, and consequently, in order to avoid the exclusion from the exercise of electoral rights of persons otherwise qualified for the franchise, a desire had been expressed that such persons should be permitted to become maturalized in Southern Rhodesia. That a difficulty, however, had been felt in providing for such naturalization, owing to the fact that the territories administered by the British South Africa Company were protected territories, and had never been formally declared to be part of Her Majesty's dominions, and that the laws which were in force had been made either by the High Commissioner or the British South Africa Company under the powers conferred by the Foreign Jurisdiction Acts, or by the British South Africa Company under the provisions of their Charter.

That Mr. Wingfield was to observe, in that connection, that a Naturalization Act was passed in India in 1852, while that country was governed by the East India Company in trust for Her Majesty, and that a copy of a note upon the point drawn up in the Legal Department of the India Office was enclosed for reference.

That Mr. Wingfield was further to observe that it would seem to follow from the statements made by the Lord Chief Justice in his summing-up in the case of Reg. r. Jameson and others (as reported at page 590 of the Times Law Reports, Vol. XII.) that. a territory might be part of Her Majesty's dominions although no formal annexation had taken place, the fact being a necessary inference from acts of sovereignty exercised by Her Majesty therein.

That should it, however, be your opinion that it was not possible without express authority from Parliament to provide for the naturalization of aliens in Rhodesia, the further question would arise whether by Order in Council under the Foreign Jurisdiction Act aliens could be permitted to take the oath of allegiance to Her Majesty, with a view to qualifying for the franchise, and that, in that connection, Mr. Wingfield was to transmit to us a copy of our Report of the 3rd August last.*

That Mr. Wingfield was to request that we would take the above matters into our consideration and advise you :---

1. Whether there was power by an Order in Council nade under the provisions of the Foreign Jurisdiction Act, 1890, to provide for the naturalization of alienis within the limits of a " Protectorate ?"

2. Whether the British South Africa Company had power under their Charter to enact a law providing for the naturalization of aliens in Southern Rhodesia.

3. Whether there was any other means by which power to naturalize aliens in a Protectorate could be conferred ?

4. Whether Southern Rhodesia could be regarded as so far part of Her Majesty's dominions as to be deemed a British possession within the meaning of Sections 16 and 17 of the Naturalization Act, 1870 ?

• No. 183.

1093-25-11/98 Wt 21618 Das

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