GOVERNMENT OF INDIA ACT, 1935, AND GOVERNMENT OF BURMA ACT, 1935. (Hansard, 13 July 1936)

§ Mr. ORMSBY-GORE
I beg to move: That an humble Address be presented to His Majesty, in pursuance of the provisions of Section 309 of the Government of India Act, 1935, praying that the Aden Colony Order, 1936, be made in the form of the draft laid before Parliament. The first of the Orders to be taken to-night is that in reference to Aden. Hon. Members who followed the history of the Joint Select Committee on Indian Reform will recollect that, in paragraphs 160 to 162 of their Report, they recommended the transference of the Settlement of Aden in Southern Arabia from the Government of India to His Majesty's Government in the United Kingdom. This Order, and the Instructions, which really go with and amplify the Order, carry that out. A new Colonial Constitution is formed. One point raised has been whether this will mean a change in the status of the citizenship of the residents of Aden. There is none. Those who belong to the Aden Colony will remain as heretofore British-born subjects. Those who belong to the Protectorate will continue to be British-protected persons. That status has always existed in the past and no change will be effected.

§ Mr. MORGAN JONES
As far as this Order and subsequent Orders are concerned we on this side take the view that they carry out the intention of the Act of Parliament which gave so many of us difficulty in the last Parliament. I should like to ask one question in regard to the Aden Order in that there is no definition of the phrase "Secretary of State." May I take it that the Secre- 1822 tary of State in the Order refers to the Secretary of State for the Colonies and not the Secretary of State for India?

§ Mr. ORMSBY-GORE
That is so.

§ Earl WINTERTON
Had this been done 20, 30, 40, or 50 years ago the Colony of Aden would be in a much better state than it is to-day. Some of us in days past, officially and otherwise, advocated this course, but were told that the Government of India and the Government of Bombay would never agree to it, with the result that Aden was the worst administered territory in the British Empire. Fortunately, as the result of efforts which the hon. Member for Caerphilly (Mr. Morgan Jones) and I and others made before the Commission we eventually succeeded in inducing His Majesty's Government, after 40 or 50 years' agitation, to take a more sensible view, and I congratulate the right hon. Gentleman on having done the right thing at last.

§ Sir PATRICK HANNON
Can the right hon. Gentleman say whether any disability of any sort will be imposed on the civil servants in the Colony of Aden?

§ Mr. ORMSBY-GORE
None whatever.

§ Sir P. HANNON
That is well.

§ Mr. ORMSBY-GORE
I beg to move, "That the Debate be now adjourned."

§ The UNDER-SECRETARY of STATE for INDIA (Mr. Butler)
I beg to move: That an humble Address be presented to His Majesty, in pursuance of the provisions of Section 157 of the Government of Burma Act, 1935, praying that the Government of Burma (Karen Hill Tracts) Order, 1936, be made in the form of the draft laid before Parliament. 1823 In view of the statement of the hon. Member for Caerphilly (Mr. Morgan Jones) that these Orders are consequent upon decisions taken in the Government of India Act and the Government of Burma Act, I will restrict my remarks on this Order and the next two Orders to the minimum. They are extremely technical Orders. The first Order deals with the areas in the Karen Hill tracts situated in the eastern half of the Toungoo District and in the Theton District. The second Order relates to the question of double taxation and the principle which underlies the Order is that no one should have to bear a greater burden of Income Tax by reason of the separation of Burma so far as such burden might be created by the existence of two tax systems. Provisions are included in the Order with respect to double taxation so that the taxpayer pays the higher of each individual rate of tax levied in India or Burma. There are consequential provisions for the manner in which the tax is to be paid to the two Governments concerned, and in the case of a person who may have to pay a triple Income Tax, to Burma, India and the United Kingdom, there are similar provisions. He pays the highest rate of tax. The third Order relates to the India Office Pensions Order. The cost of the office will fall on the Exchequer with contributions from Indian revenues. The purpose is to make certain consequential arrangements for the payments of pensions to the India Office staff, and there are provisions as to where the contributions shall come for the payment of these pensions. There is a technical point with regard to the Federation which is also met. Under Section 313 (3) of the Act references to the Federation are to be construed as references to the Governor-General in Council during the transitional period.