HC Deb 23 July 1919 vol 118 cc1367-9
Major LANE-FOX

(by Private Notice) asked the Under-Secretary of State for the Colonies what action it has been decided to take in connection with the Report of the Judicial Committee of the Privy Council in the special reference as to the ownership of the unalienated land in Southern Rhodesia?

Lieut.-Colonel AMERY

As I stated on the 2nd April, the British South Africa Company have approached the Secretary of State with a view to obtaining a settlement of the amount due to the company for its administrative expenditure in accordance with the Report of the Judicial Committee. The Secretary of State has now appointed a Commission to examine the Company's claim. The Commission will consist of Lord Cave, who will act as chairman, Lord Chalmers, and Sir W. Peat. The terms of reference are as follow:

WHEREAS under and by virtue of an ORDER of His Majesty in Council dated the 16th day of July, 1914, the question of the ownership of the unalienated land in Southern Rhodesia has been the subject of a Special Reference to the Judicial Committee of the Privy Council.

AND WHEREAS the Report of the Judicial Committee dated the 29th day of July, 1918 inter alia stated that so long as the British South Africa Company continues to administer Southern Rhodesia under His Majesty the Company is entitled to dispose of the unalienated lands in due course of administration and to apply the moneys or revenues derived there from in duly reimbursing all proper out- lays on administrative account, in any current year or in past years and further if the Company's administration of Southern Rhodesia should be determined by His Majesty the Company would have the right to look to the Crown to secure to it, either out of the proceeds of further sales of the lands by whomsoever made or if His Majesty should grant away these lands or the proceeds to others from public funds, the due reimbursement of any outstanding balance of aggregated advances made by the Company for necessary and proper expenditure upon the administration of Southern Rhodesia.

AND WHEREAS by an Order of His Majesty in Council dated the 2nd day of August, 1918 (a copy whereof is appended hereto) His Majesty was pleased to approve of the said report.

AND WHEREAS the British South Africa Company has asked that the amount due to it for its administrative expenditure should be determined at the earliest possible moment, and submitted on the 21st of November, 1918, and on the 7th July, 1919, provisional statements (copies whereof are appended hereto) of net expenditure by the Company in connection with Southern Rhodesia on account of the Crown, up to the date of the Company's latest balance-sheet, that is to say, the 31st day of March. 1918.

NOW THEREFORE I, Viscount Milner, P.C., G.O.B., G.O.M.G., His Majesty's Secretary of State for the Colonies,

APPOINT YOU,

The Right Honourable Viscount Cave, P.O.,

The Right Honourable Lord Chalmers, P.C., G.C.B.,

Sir William Barclay Peat,

to be a Commission (whereof Viscount Cave shall be the Chairman) to examine the said statements of the British South Africa Company and to investigate the records and accounts of the Company in London and in Rhodesia and to make all such inquiries as may seem to you desirable and to take an account of what would be due to the Company in accordance with the said Report of the Judicial Committee of the Privy Council, if the administration of Southern Rhodesia by the Company had been determined on the 31st day of March, 1918.

I appoint Hugh Nimmo Tait, Esq., to be the Secretary to the Commission.

17th July, 1919.

Captain ORMSBY-GORE

Are the terms of reference confined to assessing the actual amount, or are they going to survey the whole question of the administration of the company and whether or not its expenditure has been extravagant?

Lieut.-Colonel AMERY

The terms of the reference are "to examine the statements of the British South Africa Company and to investigate the records and accounts of the company in London and in Rhodesia, and to make all such inquiries as may seem to be desirable.