TNAG-1117-FCO40-1391-Future-of-the-Dependent-Territories-1982 — Page 158

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TERMINOLOGY

upon any Member and that the addition of the words makes no difference.

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of Nations

Accepting that conclusion as correct as respects Colonies, Pro- tectorates and Protected States, it may fairly be argued that the circumstances are different in the case of Mandated and Trust Terri- tories and Condominium countries. One would, however, confidently expect that, in so far as they are within “the British Empire," " then a fortiori they are within the "Commonwealth," the latter expression being virtually free from any taint of “imperialism,” and the possible implication of ownership. However that may be, the arguments put forward above are, in general, applicable to Mandated and Trust Territories. One must concede that there is an implication to the contrary in the Films Act, 1960, but it is not in keeping with the other Acts quoted above."

An incorrect definition

The Dictionary of English Law explains "British Common- wealth" as follows:

"All territories over which the Queen exercises sovereignty and the inhabitants of which owe allegiance to her; the British dominions; sometimes used as including other territories not owing allegiance but over which the Crown exercises control, e.g., protectorates and trust territories; now sometimes called the Commonwealth of Nations."

י

With respect, this can only be regarded as seriously erroneous. It excludes republics, though India became one in 1950 and Pakistan in 1956, and the dictionary was published in 1959; with regard to the second and third definitions, there is no room for an argument that all Colonies but no Protectorates are within the Common- wealth" and in any case the first and third definitions read together seem to be based upon the false assumption that in Pro- tectorates Her Majesty never exercises sovereignty and that the inhabitants owe no allegiance.

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"

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Practical importance of the meaning of “the Commonwealth'

The meaning of the Commonwealth without a definition is not a matter of mere academic interest, for in some enactments, undefined expressions such as “country within the Commonwealth”

occur.

(1) Section 1 (6) of the Diplomatic Immunities (Commonwealth

44 See comment below on " British Empire," pp. 19-22.

43 See p. 6, supra.

At one time, all the territories in West Africa were part Colony and part Protectorate.

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pp. 3

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