CLAUSE359.—(Professional and technical qualifications in general.) (Hansard, 30 May 1935)

§ Sir S. HOARE
I beg to move, in page 216, line 6, at the end, to insert: (2) The Governor shall not give his sanction for the purposes of the preceding sub-section unless he is satisfied that the proposed legislation is so framed as to secure that no person 'who, immediately before the coming into Operation of any disability, liabilty, restriction, or condition to be imposed by or under that legislation, was lawfully practising any profession, carrying on any occupation, trade, or business, or holding any office in Burma shall, except in so far as may be necessary in the interests of the public, be debarred from continuing to practise that profession, carry on that occupation, trade, or business, or hold that office, or from doing anything in the course of that profession, occupation, trade or business or in the discharge of the duties of that office 1346 which he could lawfully have done if that disability, liability, restriction, or condition had not come into operation. (3) All regulations made under the provisions of any law of Burma which prescribe the professional or technical qualifications which are to be requisite for any purpose in Burma, or impose by reference to any professional or technical qualification, any disability, liability, restriction or condition in regard to the practising of any profession, the carrying on of any occupation, trade, or business or the holding of any office in Burma shall, not less than four months before they are expressed to come into operation, be published in such manner as may be required by general or special directions of the Governor, and if within two months from the date of the publication complaint is made to him that the regulations or any of them will operate unfairly as against any class of persons affected thereby, then, if he is of opinion that the complaint is well founded, he may, at any time before the regulations are expressed to come into operation, by public notification disallow the regulations or any of them. In this sub-section the expression "regulations" includes rules, byelaws, orders and ordinances. In the discharge of his functions under this sub-section the Governor shall exercise his individual judgment. (4)If the Governor exercising his individual judgment by public notification directs that the provisions of the last preceding sub-section shall apply in relation to any existing Indian or Burman law those provisions shall apply in relation to that law accordingly.

§ Mr. C. WILLIAMS
May I suggest that here is a chance for the Government to explain this somewhat long addition to the Clause. No doubt some explanation has been given before, but this does cover a rather large number of questions in connection with Burma. I presume that it brings the law for Burma into relation with the law for India; but these clearly cannot be consequential words in the ordinary sense, and I think the House might be given some explanation.

§ The ATTORNEY-GENERAL
The hon. Member is right in surmising that this Clause is moved in conformity with the corresponding Indian Clause. If he is in doubt and he has an annotated edition of the Bill up to date, he will find the corresponding Amendment in Clause 118. He will find that Sub-section (2) deals with certain safeguards in regard to people who are carrying on a profession or calling at the present time. He will find in Sub-section (3) that provision is 1347 made for regulations which have to be published in a particular way, and there is a definition of regulations; and Subsection (4) provides for certain precautions by the Governor-General in connection with these safeguards for people carrying on their profession.