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IMPERIAL CONFERENCE.

j United Press Association— By Electric i Telegraph—Copyright. ( LONDON, June 13. Mr Batchelor. in moving a resolution that every dominion must determine whom it would admit to citizenship. f aid that it was no part ol the Coiiie.rtnce's work to lay down rules. iVptJmig rould be done in regard to Imperial naturalisation except by the dominion* themselves. The conditions in the various dominions varied cwsiderably. He asked whether it was not worth while to give an Imperial certificate with a standard embodying most drastic conditions imposed in anr- dominion. In that wav Imperial nationality would b i lecured without interfering with a dominion's right to compel an applicant to comply with local requirements. Sir Wilfrid Laurier urged that British subjects anywhere should be recognised ever ywh ere. Sir Joseph Ward, referring to the Imperial draft Bill, said that . the equalisation of the laws of British citijenship must be kept entirely separate from the question of the naturalisation of aliens. If that were done and the dominions retained powers to exclude aliens, there could be no reasonable objection to definite British citizenship throughout the Empire. Mr Malan said he saw practical difficulties existing in the two sets of certificates which the draft Bill proposed. He agreed with Sir Wilfrid Lauriers riew.

IMPERIAL COURT OP APPEAL. LONDON, June 14. Tho Imperial Conference further discussed the question of an Imperial Court of Appeal. Mr ' Batchelor declared that unless there were serious practical obstacles in the way two. Courts of final appeal ought not'to be continued, both bodies composed largely of the same Judges. The Privy Council was the only Court b the Empire which did not give individual judgments. Mr Asquith declared that some thought that it was ,an advantage if one did not know whether a judgment was unanimous or the extent of the dissent. Mr Batchelor Teplied that that was an argument sometimes against it. The constitution of the final Court would be another step towards Imperial unity. Lord Loreburn explained the nature of .the jurisdiction of the already existiug Lords of Appeal and Privy Council. The personnel of both was practically identical. His own view was that if every Court had only one judgment there would be more coherence. Tho Empire ought to decide the kind of tribunal it desired. If so desired, England could arrange that all cases of a particular dominion could he heard consecutively, in order that a Judge of that dominion might be present. The Government was not prepared to recommend a change in the personnel of fche Lords of Appeal. It was already possible to add any distinguished dominion Judge. Lord Loreburn added that his own Idea was that they should add to the highest Court of Appeal two English Judges of the finest quality, fixing the quorum at five, that the Court should sit successively in the House of Lords for the United Kingdom and in the Privy Council for the dominions. Thus they would have the same Court in full strength for both classes of appeals. Sir Joseph Ward said that it Mas hardly practicable for a New Zealand Judge to visit England to deal only with New Zealand cases: With reference to Native lands cases, it was of great importance to have a Judge present conversant with Native customs. Viscount Haldane instanced a Maori case lasting ten days when it would have been useful to have had a Judge with knowledge of the Natives present. Mr Asquith said that if the Court sat in full strength it would meet the occasional complaint that the Privy Council was a scratch Court and too few in numbers.

Lord Loreburn. replying to Sir Joseph Ward's question whether he had any objection to merging the Lords of Appeal and the Privy Council, said that the system he suggested might develop into one Court. He did not think that the people at Home had any quarrel against the existing Court. "Mr Malan (South Africa and Mr Brodeur (Canada) expressed themselves satisfied with the existing system. Sir Joseph Ward said that lie had rot tho slightest idea of reflecting on the Privy Council. New Zealand was in a peculiar position with' Native land legislation.- In view of Lord Loreburn'"s statement, he would not urge the merging of the two Courts, but suggested the addition of a permanent Judge from each of tho important dominions. The difficulty in 'the way was that a Judge coming specially might deal with • case which had already been dealt vith in New Zealand. If permanent judges were appointed for five or seven years it would overcome the difficulty and assist in securing uniformity and co-ordination in the Empire laws. New Zealand would hail with satisfaction Judges of other dominions dealing with K©w Zealand cases. Dr Findlay declared that tho presence of a resident colonial Judge would obviate the expense of sending counsel to instruct the Privy Council in the peculiar features of New Zealand law. Mr Asquith ashed whether the other dominions approved of Sir Joseph Ward's suggestion. Mr Fisher declared that he was not prepared at present to accept it. Other delegates said that they were aatisfied with the present system. Mr Asquith said he preferred the suggestion to hear cases from the dominions at. a stated time, enabling a Jndgo to attend.

Mr Fisher withdrew his motion, and lubstituted one recommending embodying tlie Government's proposals in a communication to be sent to the domin\ons at the earliest date. This was carried.

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https://paperspast.natlib.govt.nz/newspapers/TS19110615.2.2.1

Bibliographic details

Star (Christchurch), Issue 10180, 15 June 1911, Page 1

Word Count
912

IMPERIAL CONFERENCE. Star (Christchurch), Issue 10180, 15 June 1911, Page 1

IMPERIAL CONFERENCE. Star (Christchurch), Issue 10180, 15 June 1911, Page 1