A.—4
412
11th Day.] British and Foreign Shipping. 119 June, 1911. Mr. MALAN : In order not to be misunderstood : 1 would not say that there is no economic side to this question in South Africa. In Natal, for instance, it is an economic question; they want Indians to work in the sugar plantations, and so on, and, therefore, it is an economic question there. EARL OF CREWE : I am glad you made that observation. That is quite true, but in the other Dominions the only rival to the white labourer, and also I may say to the white trader, is the imported Indian, to any great extent. I think that is all I have to say, and I will leave the technical side of the question entirely to Mr. Buxton. CHAIRMAN : Then we will continue the discussion this afternoon. After a short adjournment. CHAIRMAN : I think we can take Mr. Buxton's statement now. Mr. BUXTON : I do not propose to deal with the Lascar question, which has already been dealt with by Lord Crewe, as representing the India Office, but I propose to deal rather with the resolution which Sir Joseph Ward discussed and which he has moved. It has been referred to in terms by Sir Joseph and by Mr. Pearce. The objection which I have to the Resolution is that it is too vague, and if carried as it stands it would not be possible for the Imperial Government to regard it as mandatory, and to introduce legislation founded oh so vague and general a Resolution. If it is desirable to extend the powers of the self-governing Dominions with regard to merchant shipping, it should be possible to state precisely in what direction and to what extent, and subject to what conditions, such extension is desirable. It must be evident that in a matter such as this one should proceed slowly and with great caution. Every one agrees that uniformity in the matter of shipping legislation is most desirable for overseas shipping. But the result of inconsidered action may easily be to substitute for the comparative and advantageous uniformity which now exists to a very large extent under the Imperial Act a chaos of inconsistent and overlapping jurisdictions which it would be the painful and difficult duty of future Imperial Conferences to reduce once more to something like uniformity. The present principle of merchant shipping legislation is fairly plain and simple. Broadly speaking, the code of law that rules the ship is the code of the country of registration, and that code follows the ship round the world. This general principle is modified in its application to the various parts of the British Empire by two other principles. (1) That they have full power to regulate their own coasting trade, even though the ships engaging in it are registered in the United Kingdom or foreign countries. (2) That as regards ships other than their own registered ships, and other than ships enga,ged in their coasting trade, their legislative powers are restricted to their territorial limits, and are, therefore, inoperative on the high seas. There is an exception in regard to certain powers expressly conferred on Australia by section 5 of the Australian Constitution Act, which deals with so-called " round voyages," which begin and terminate within the Commonwealth. There are various points which might be held to be included in, and covered by, this Resolution of Sir Joseph Ward's to which we could readily assent. For instance, if New Zealand desires to have some power analogous to that which Australia now possesses to regulate round voyages, or if New Zealand desires that the Dominions should be empowered to pass reciprocal legislation providing that the labour legislation of each Dominion should apply to merchant vessels registered in such Dominion while in the territorial waters of the other Dominions, we would not stand in the way. Or, perhaps, the Dominion of Canada desires, as Mr. Brodeur mentioned the other day, that steps should be taken definitely to validate certain Canadian laws affecting Canadian shipping and the Canadian coasting trade, the validity of which is in doubt. On all these matters, though there may be difficulties in detail in arriving at a satisfactory understanding, they are not insuperable, nor is there any objec-
Use your Papers Past website account to correct newspaper text.
By creating and using this account you agree to our terms of use.
Your session has expired.