1937-01-13 — Page 6

THE HONGKONG TELEGRAPH, WEDNESDAY, JANUARY 18, 1987.

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The

The Privileges and Precedence of

The New Duke of

By An Expert

on the Law of

PRECEDENCE

N

OW that our former King has become the Duke of Windsor, everyone must wonder exactly what is his position to-day in our Constitution.

It is a situation without pre- cedent in the history of our

Innd. Much one can say with

Stubbs Rd, certitude; but there still remain

details in regard to such mat-.

ters as precedence about which no legal expert would commit himself without extensive re-

Hongkong Telegraph.senrol

WEDNESDAY, JANUARY 13, 1937.

MOROCCO: TROUBLE

CENTRE

The scare created by reports of German infiltration in Moroc- Co has, happily, died down following mutual assurances by both Germany and France that they intend fully to respect the

In this, admittedly a rather hurried survey, we can at least give some indication of what are the rights and privileges of the new Duke of Windsor and how he now stands in relation to the Constitution. Still A Prince THERE is slight confusion, apparently, in the minds of some people as to the status of the new dukedom.

Let it be made clear that the

Windsor

cedent in the whole of world history-of # former King taking his seat in the House of Lords and taking the opth of allegiance to his successor.

Whether this position will · over arise one cannot my, but nevertheless it is a course which Prince Edward would be clearly entitled to take.

The writ of summons would he issued by the Lord Chan- color. The issue of write to call peers to the House is a practice which began in the 13th century...

One must distinguish between the Duke's position as a Prince of the blood and his position as 1 peer. He has absolutely re- nounced the Crown for himself ind his descendants, but he cannot, of course, renounce the lood in his veins. A. Prince if the blood he must remain, hough legally barred from the succession.

The Duchy

PECULIAR position-again one without precedent-is o be found in regard to the wnership of the Duchy of Cornwall.

The Duchy of Land:ster is ndisputably the appanage of he Crown; but the Duchy of ornwall has always been re- garded as the possession of the

EX-KING EDWARD—A picture taken when he toured South Wales eldest son of the King.

in November-his last public appearance,

the Duke of Windsor in the Without Precedent House of Lords, this must be recognised.

The former King became possessor of the Duchy of Cornwall 25 years before he succeeded to the. Thrcale; and

QUEEN VICTORIA decided it is not improbable that some against her husband being special legislation will be re-

He will be created a duke, made

issued either in the Court Circular or the London Gazette e received a peerage he would When Travelling or in both. It will

necessarily have been called to not bc

presumably by Letters Patent: she was entirely right; for hed

a pear. One feels that quired to settle the point.

the House of Lords and would

territorial integrity of Spain and former King is still Prince necessary for him to return to therefore have been in contact the event of Prince Ed-

Spanish possessions. Morocco has often figured in the news as a danger-spot, having been for many years the centre of con- Acting national interests. Be cause of its proximity to Algeria, France has always taken a lively concern in its future. Not many

Edward. He does not take the place of the Duke of Norfolk as premier duke.. He will be the eldest of the royal Dukes, apart from the Duke of Connaught, and will, it is assumed, take precedence after the Heir- presumptive.

In English history there has not been a voluntary abdication before-with the possible excep- tion of. James II. Other English. Kings who have left the Throne have been forced into their ab- dications, some of them rather painfully.

receive the dukedom. But to sit

ward's marriage, and should there be any children, there in the House of Lords he must with politics. receive a summons a personal It is certain that as the Duke may be some question concern- summons and to that he is en- of Windsor the former King is ing their titles, but these would titled as a peer.

entitled to the writ of summons, normally be those of the sons This was established by the Of course, it is not cbligatory and daughters of a duke.

In his travels abroad, wher- case of the Earl of Bristol in for a peer to respond to the the reign of James I.

For cer- summons, but should the Duke ever our late King should go, tain reasons the Crown wished decide to answer, as would an he will presumably be treated, to exclude him from the House ordinary peer, there would then as are his brothers, with the of Lords, but his right to receive arise the extraordinary situa- diplomatic immunity accorded

tion-one probably without pre- to royal Princes.

a. summons was affirmed.

HONGKONG AND THE TREATY

years before the Great War, France and Germany almost came to a clash when, following a general rising of tribesmen, a French expeditionary force oc- cupied Fez. The need for this action Was notified to the

As Prince Edward has re- Powers, but was resented by nounced the Throne and has Spain, who suddenly seized two also undertaken that his des towns, and by Germany, whocendants shall not be in the line of succession, it might be sent the gunboat Panther to

argued that his precedence will W Agidir and thereby

almost brought on Great Britain made formal ob- of succession.

stand below that of any member)

a European war of the Royal Family in the line

jection to Germany's'acquiring territorial influence in Morocco,

Royal Highness ·

OF WASHINGTON

7ITH the expiry of the Washington Treaty and

and the diplomatic conversations ONE of the most important

its non-fortification clauses Great Britain will push ahead with her plans for converting the towering peaks of Hongkong into a points which must neces which followed resulted in the Franco-German Treaty of 1911, mind is what will be the title

sarily be occupying the public Far Eastern Gibraltar.

By-

A SUNDAY

ONE

Darwin

NE interesting development may result, however, from Britain's new strategy in the Far East.

The Sunday Times understanda the advisability of using Darwin as a summer base for Britain's China

will be

at the Imperial Conference which is to be held dur- ing the Coronation.

TIMES STAFF Squadron, instead of Wei-Hat-Wei

REPORTER

British naval experts have come to the conclusion that Wei-Hal-Wel. which is north of Shanghai, could not be defended in event of hostilities

The China Squadron could even been accused of fortifying her bottled up rapidly by hostile war- and virtually Mandales in the Pacific-notably the ships and slrcraft, Caroline and Marshall Islands.

destroyed before it was able to escape

Singapore.

by which France ceded to Ger- taken by his wife in the event) come the first move to parry the area" to foreign vessels. She has with a neighbouring Power,

able lines of air attack across

the

be-

From this hornets' nest of guns, bombers, and barracks will in future

many some territory in French of marriage.

threat from the East towards Malaya, Came- equatorial Africa, the

The future wife of his Royal Indla, or Australia.

The United States appears to have to Hongkong or hand, Darwin is The expiry of the Treaty ends B- roona, in return for recognition Highness the Duke of Windsor

On the other period which-if the counter-charges fulfiled the letter of the Treaty, but of her political Protectorate over will obviously be known as her levelled against each other by Britain, has not abided by the spirit. On the much more suitable to the Navy's Morocco. In the following year, Royal Highness the Duchess of the United States, and Japan are true contrary, she has built two formid- strategical requirements.

It could not casily be taken by negotiations between France and Windsor. She will be entitled-has been one of supreme hypocrisy Pacific-one to the north via Alaska rurprise. It is outside any Power's

and the Aleutian Islande, the other practicable operating range. to the precedence and privileges and in-concealed subterfuge.

Honolulu. Woke Spain as to their respective

Under the Washington Treaty the to the south vin

Close Link of her husband's rank.

Island, and Guam, rights in Morocco came to an end

three signatory Powers agreed to maintain the status quo over a wide

'Britain's present garrison at Hong-

three with the Treaty of Madrid. By

kong

Infantry MOREOVER, the establishment of includes

in base at Darwin would pravide area of the Pacific and Far Eastern battalions and various Corps units, a welcome opportunity for combined this pact, France acknowledged

ecaboard so far as naval and air

Two new aerodromes are bearing manoeuvres of the China, Indies, and interest in the matter as a the right of Spain to exercise its Mediterranean Power. Italy's concerned.

bases and other fortifications were completion at Hongkong, one on the Austrailan squedrons, and would be

Island Itself, and one in the British closely linked to Singapore

Chinezo The influence in the Spanish zone, right to intervene, in questions

Leased Territories on the

China Squadron, more than This meant that Britain was not mainland, At least two RAF. 20 units of which will visit Singa- the extent of which was defined affecting the balance of power in allowed to strengthen Hongkong, squadrons will be stationed there pore this month, includes the aircraft in. the treaty. The Tangier dis- the Mediterranean was then Japan was not to improve her de early next year.

accord be- fences in Formosa. The United trict was excluded from the recognised. A now

to confine WAR

her own Spanish zone, and in 1923 a con-came effective in 1929, in which States

fortifications to Hawall, the Aleutian vention was signed by Grant Spain was given control ofistes, and her own Pacific consis

In regard to the presence of

policing Tangler. It will be and Britain, France

Spain

Open Secret realised, from this summary of guaranteeing the permanent international concern in Moroc-T is an open secret, however, that "Britain has been building military security and internationalisation co, that the territory is one

RE

Hermes, several county class crubers, destroyer flotillas.

and

and

minelayers.

submarine

Darwin,

Advance Base

The Squadron, If based on DEFORTIFICATION on: such a

could dock and

rent at Singapore. scale was not anticipated in

The Royal Navy already regards Japan, where it was believed that Darwin as Singapore's auxiliary base, Britain had decided to withdraw

strong forming

triangle with her Brat line of defences to Singa- Trincomalee (Ceylon), and prevent-

pore:

vonco base....

in access by an Asiatic dect to the

Discussion of

be hastened by the 'conclusión of the

Australian

Britain considers, however.' - (hot) jádian Oceansference of of this special Tangier zone. where rival interests might aerodromes, gun croplacements, and Singapore is,not a sufficient guard

powerful. · ad« ] Wel-Hai-Wel to Darwin will probably for the past few years. More than kong is needed as a Three years later, however, easily clash. Fortunately, there is defence works at Hongkong for her interests in China. Hong the base of the China Saundence of Spain reopened the question by seems every indication at pre-one unduly frank report to this effect

Neither Hongkong nor Singapore, Jounin naval authorities, The a demand for full control and sent that the nations generally has crept into the Arst editions of however, can be described aronges

as well as the Spanish in London newspapers and been sud- capable of being used for aggression Sunday Times understands, are incorporation.

close enough for attack our Japan, and would naturally prefer to see the or Tangier in surgents, fully realfes the grave denly withdrawn under pressure from against Japan. Hongkong: Isot favorable to the fees, althout the Spanish Morocco. Great Britain situation which would be created

It is already accepted that Japan: is establishment of a naval base on the Japan has concealed her military impregnable, so far as sen attack is east coast of Australia, which would and France withheld their cons by the admision of foreign con-activities in Formen by making concerned, behind her own natural boa stronger safeguard to the Com-

monwealth. sent, while Italy declared her tingents into the territory.

every strategle centre a "prohibited defences.

Whitehall