CO885-(15-16) — Page 553

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by Mr. Hawksley. We do not agree there is any true parallel between the cases suggested by Mr. Hawksley of the employment of English capital in foreign countries and the claim now made on behalf of the Chartered Company that they are entitled to transfer to foreigners the railways which are the essential and principal means of British Administration in the territories concerned.

For the reasons stated in our previous opinion of the 28th July, 1908,* we think that such contention is inconsistent with the Charter. If the Chartered Company were to grant a concession expressly conferring any such right of transfer, it would be a clear ground for reyocation of the Charter under Article 35, and the Order in Council does no more than prohibit expressly what is already prohibited by implication according to the reasonable and necessary construction of the Charter.

We think that His Majesty's Government can give full effect to the objects of the Charter as above described without having recourse to the power of expropria- tion, and such a power does not seem to be appropriate or useful in the circum-

stances.

We have no instructions as to Nyasaland, but if it is administered by the Chartered Company it ought to be included.

We have, &c.,

W. S. ROBSON. S. T. EVANS.

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always be natural-born British subjects or persons who have been naturalized as British subjects by or under any Act of Parliament of Our United Kingdom; but this provision shall not disqualify any person whose election as a Director shall have been approved by one of our principal Secretaries of State from acting in that capacity.

All persons (other than corporate bodies) who at any time or in any way may construct own control or work any railway or any part of any railway, within the territories aforesaid shall be natural-born British subjects or persons who have been naturalized as British subjects by or under an Act of Parliament of our United Kingdom but this provision shall not apply to any person who may be excepted from the operation thereof by one of our Principal Secretaries of State.

This Order shall be published in the London Gazette and shall thereupon commence and come into operation.

W. S. R.

S. T. E.

The Right Honourable

The Earl of Crewe, K.G.,

&c.,

&c.,

&c.

RHODESIA RAILWAYS.

Draft Order in Council.

Whereas by treaty grant usage sufferance and other lawful means His Majesty has jurisdiction within the territories of South Africa known as the Bechuanaland Protectorate Southern Rhodesia North-Eastern Rhodesia, and Barotziland-North- Western Rhodesia;

And whereas on the 29th day of October 1889 Her late Majesty Queen Victoria was pleased by Royal Letters Patent to grant a charter of incorporation to certain persons under the corporate name of the British South Africa Company with the objects and subject to the conditions in the said Letters Patent expressly declared and set forth :

And whereas it is provided in the 6th Article of the said Letters Patent as follows

(here set out Article 6):

And whereas certain railways have been constructed and other railways may hereafter be constructed within the territories aforesaid:

And whereas it is expedient that Article 6 of the said Letters Patent should be applied so that corporate bodies who at any time or in any way may construct own control or work any such railway or any part thereof should be British in character and domicile and that any persons (other than corporate bodies) who may so con- struct own control or work any such railway or any part thereof should be British subjects:

Now therefore His Majesty by virtue and in exercise of the powers by the Foreign Jurisdiction Act 1890 or otherwise in His Majesty vested by and with the advice of His Majesty's Privy Council is pleased to order and it is hereby ordered as follows:-

No person or corporate body shall at any time or in any way construct own control or work any railway or part of any railway within the territories of South Africa known as the Bechuanaland Protectorate Southern Rhodesia North- Eastern Rhodesia and Barotziland-North-Western Rhodesia except in compliance with the conditions following namely:-

Any corporate body which at any time or in any way may construct own control or work any railway or part of any railway within the territories aforesaid shall always be and remain British in character and domicile and the principal representatives in South Africa of any such corporate body and the Directors shall

• No. 99.

PUBLIC RECORD OFFICE

Reference :-

TTILL C.O.885

16 BUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

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