CO885-(15-16) — Page 618

No. 149.

(SOUTH AFRICA: SOUTHERN RHODESIA.)

LAW OFFICERS to COLONIAL OFFICE.

[Question whether the High Commissioner has power to appoint a K.C. in Southern

SIR,

High Commissioner, Telegram, 20th March, 1911.

Secretary of State, Telegram, 24th March, 1911.

High Commissioner, No. 411, 12th June, 1911.

Law Officers, 29th October, 1898,"

Rhodesia.]

Royal Courts of Justice,

27th October, 1911.

We were honoured with your commands signified to us in Sir H. W. Just's letter of the 22nd July last stating that he was directed by you to transmit to us certain correspondence with the High Commissioner for South Africa regarding the proposed appointment of Mr. C. H. Tredgold, Attorney- General for Southern Rhodesia, to be one of His Majesty's counsel in that territory. That Sir II. W. Just was to inform us that, although Mr. Tredgold was per- sonally quite suitable for appointment, you entertained doubt whether power existed to appoint a K.C. outside His Majesty's dominions. That Sir H. Just was to explain that Southern Rhodesia was a territory under the protection of His Majesty, and that its government was provided for by Orders in Council made under the Foreign Jurisdiction Act of 9th May, 1891, and 20th October, 1808.

That it was administered by the British South Africa Company subject to those Orders, which gave large powers, including the appointment of officers, to the High Commissioner for South Africa and under their Charter of the 29th October, 1889.

That, although no proclamation of annexation had ever been issued, Orders in Council of 7th March and 19th May, 1899, issued under the advice* of the Law Officers of the day, provided for naturalization in Southern Rhodesia.

That there was no other case of naturalization being provided for in any terri- tory not forming part of His Majesty's dominions. That we should find that the position of Southern Rhodesia was considered by the Privy Council in the case Reg. v. Staples," which was not reported in the Law Reports but was referred to both in the argument and judgment in the Court of Appeal in the case of Segkome.

That Sir H. Just was to add that it might be taken that the position of a K.C. in a Colony did not, within the limits of that Colony, differ from that of a K.C. in this country.

That you would be obliged if we would take the papers into our consideration and report whether, in our opinion, the High Commissioner had power to appoint a K.C. in Southern Rhodesia, or whether he was precluded from making such an appointment by the fact that that territory had never been annexed to His Majesty's dominions.

We have taken the matter into our consideration, and, in obedience to your commands, have the honour to

Report-

That, in our opinion, the High Commissioner has power, by virtue of the Order in Council of 9th May, 1891, ss. 2 and 3, and the Order, in Council of 20th October, 1898, s. 6 (1), to appoint a King's Counsel in Southern Rhodesia notwithstanding that no proclamation of annexation has ever been issued.

The Right Honourable

Lewis Harcourt, M.P., &c., &c., &c.

• No. 198 in Vol. V.

(21791-2.) Wt. 96-191. 23. 111. D&S.

We have, &c.,

RUFUS D. ISAACS. JOHN SIMON.

PUBLIC RECORD OFFICE

Reference :-

TTIC.O.885

16 PUBLIC RECORD OFFICE, LONDON

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