§ SIR MANCHERJBE BHOWNAGGREE (Bethnal Green, N E.)I beg to ask the Secretary of State for the Colonies if he is aware that in the matter of an application to the Supreme Court of the Transvaal of a British Indian resident for an order to compel the local authorities to grant a trading licence, the Government there offered opposition, citing in support of their contention a decision of the old Boer Court, against which the Colonial Office itself had protested at the time; that the Supreme Court did not regard that decision as binding, and gave judgment in favour of the applicant; whether the action of the local Government in this case has been approved by the Colonial Office; and, if not, will he ask the local Government to explain why they are having recourse now to old Boer decisions and legislation to which the Colonial Office has formerly objected in matters concerning British Indian residents.
§ *MR. LYTTELTONThe position is as my hon. friend states, except that no protest was, so far as I am aware, made against the decision of the High Court of the late South African Republic by the Colonial Office. I am informed that the Supreme Court of the Transvaal has given judgment in a test case brought on behalf of the British Indian traders to compel the Government to issue trading licences, and that the Court gave judgment in favour of the applicant, refusing to be bound in the matter by the decision above mentioned of the High Court of the late South African Republic. The action of the local Government in having their position argued on the basis of the existing law and its interpretation by the late Supreme Court was not referred for approval by the Colonial Office, and I do not see what other course they could have followed. The attitude of the local Government and the reasons for it were made clear by the despatch from Lord Milner of 11th May last published in Cd. 1684. The position to be taken up by 358 His Majesty's Government in the matter has been the subject of correspondence between the Colonial Office and the India Office, and the judgment of the Supreme Court will now be taken into consideration in arriving at a decision upon this difficult subject.
MR. GIBSON BOWLES (Lynn Regis)Is it not the fact that meantime British Indian subjects are being deprived of their civil rights in the matter of trading in the Transvaal?
§ *MR. LYTTELTONI am not aware that they are being deprived of their rights. On the contrary, the test case brought by them has been decided in their favour in the Transvaal Courts.
§ SIR MANCHERJEE BHOWNAGGREEHow long will it take to modify the old Boer legislation? Correspondence on this matter has now been going on for five years.