TNAG-1117-FCO40-1391-Future-of-the-Dependent-Territories-1982 — Page 150

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because, if that had been done, it is at least possible that the objection mentioned above would not have been taken to its use and it might have been employed to describe the countries of Members of the Commonwealth.81 A difficult problem would, however, have been encountered when the principle was accepted that a republic would Dominion" would be a remain a Member of the Commonwealth. misnomer for a country which is not part of Her Majesty's dominions, unless the word were somehow to be divorced from the Queen's dominions.

Consequential changes

46

Despite developments, United Kingdom business with the Dominions continued to be dealt with by the Secretary of State for the Colonies until the Office of Secretary of State for Dominion Affairs was created in 1925.82 The title was changed to Secretary of State for Commonwealth Relations in 1947.83

Statutory definitions

BRITISH EMPIRE

Until a few years ago this expression was in general use and it is defined in a number of statutes. The definitions differ not only in form but also in substance, each, of course, being designed for the particular purposes of the Act..

(1) Section 8 of the Finance Act, 1919,8 contained the following:

For the purposes of this section-

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The British Empire' means any of His Majesty's dominions out- side Great Britain and Ireland, and any territories under His Majesty's protection, and includes India:

Provided that, where any territory becomes a territory under His Majesty's protection, or is a territory in respect of which a mandate of the League of Nations is exercised by the Government of any part of His Majesty's dominions, His Majesty may by Order in Council direct that that territory shall be included within the definition of the British Empire for the purposes of this section, and this section shall have effect accordingly."

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11 See Member of the Commonwealth," supra, pp. 15-16. At the 1907 Colonial Conference, the Chairman pointed out that the United Kingdom was, strictly speaking, part of His Majesty's self-governing Dominion." Cd. 3523, `p. 89. At the Imperial Conference of 1926, Mr. L. S. Amery used the term Dominions" as inclusive of Great Britain. Cmd. 2769, .p. 111.

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82 The appointment was recorded in Statutory Rules and Orders of 1925 (p. 1713, footn. (b)), but legislation was not necessary (see Prime Minister's reply to a question in the House of Commons, July 20, 1925, H.C. Deb, col. 1825).

83 Sec the Ministers of the Crown (Commonwealth Relations) Order, 1947 (S.R.O.

1947 No. 1422, S.R.O. & S.I. Rev. XV 94).

54 9 & 10 G. 5, c. 32.

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