HC Deb 06 April 1908 vol 187 cc929-30
MR. MACKARNESS

I beg to ask the Under-Secretary of State for the Colonies whether it was recently decided by the Judicial Committee of the Privy Council that the only justification for proclaiming martial law in a Colony was the existence there of a condition either of actual war or of rebellion: whether that decision is binding in the Colony of Natal; what evidence is in the possession of the Secretary of State to show that such a condition of things exists in that Colony; and, if there is no such evidence, what steps he proposes to take to restore to British subjects living under the Government of that Colony the civil rights of which they have been deprived by the imposition of martial law.

MR. CHURCHILL

My hon. and learned friend refers no doubt to the judgment on the petition of Tilonko for special leave to appeal from a judgment of a court martial at Pietermaritzburg. It is there pointed out that martial law does not exist by virtue of a proclamation, but that if there is war there is a right to repel force by force. The Ministers who are responsible for the government of Natal, and who must justify their action before the Natal Parliament, hold that martial law cannot be pro forma withdrawn until an Act of Indemnity has been obtained, but I am informed that it is, and has been for some time, practically in abeyance.

MR. MACKARNESS

When will the Act of Indemnity be likely to pass?

MR. CHURCHILL

The Natal Parliament does not meet until May, and it cannot therefore be passed until after that date. Then the Act will have to come over here for the sanction of the Secretary of State.

AN HON. MEMBER

Will facilities be given for discussing this matter in the House before the assent of the Government is given to the Act of Indemnity?

MR. CHURCHILL

My hon. friend must address that Question to the Chancellor of the Exchequer.

MR. SWIFT MACNEILL (Donegal, S.)

Will the right hon. Gentleman remind his colleagues that the Governor of Natal has protested against the continuance of martial law?

[No Answer was returned.]