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BURMA INDEPENDENCE DOCUMENTS
- Subject: BURMA INDEPENDENCE DOCUMENTS
- From: darnott@xxxxxxxxxxx
- Date: Tue, 04 Jul 1995 22:07:00
FROM THE BURMA PEACE FOUNDATION ARCHIVES
I was sweeping out the archives the other day and came across
this set of documents. Perhaps there's someone out there who
doesn't have them - David Arnott
TREATY BETWEEN
THE GOVERNMENT OF THE UNITED KINGDOM
AND
THE PROVISIONAL GOVERNMENT OF BURMA
London, 17th October, 1947
The Government of the United Kingdom of Great Britain and
Northern Ireland, and the Provisional Government of Burma;
Considering that it is the intention of the Government of the
United Kingdom of Great Britain and Northern Ireland to invite
Parliament to pass legislation at an early date providing that
Burma shall become an independent State;
Desiring to define their future relations as the Governments of
independent States on the terms of complete freedom, equality and
independence and to consolidate and perpetuate the cordial
friendship and good understanding which subsist between them; and
Desiring also to provide for certain matters arising from the
forthcoming change in the relations between them,
Have decided to conclude a treaty for this purpose and have
appointed as their plenipotentiaries:-
The Government of the United Kingdom of Great Britain and
Northern Ireland: The Right Hon. Clement Richard Attlee, C.H.,
M.P., Prime Minister and First Lord of the Treasury.
The Provisional Government of Burma: The Hon'ble Thakin Nu,
Prime Minister
Who have agreed as follows:-
Article 1
The Government of the United Kingdom recognize the Republic of
the Union of Burma as a fully Independent Sovereign State.
The contracting Governments agree to the exchange of diplomatic
representatives duly accredited.
Article 2
All obligations and responsibilities heretofore devolving on
the Government of the United Kingdom which arise from any valid
international instrument shall henceforth, in so far as such
instrument may be held to have application to Burma, devolve upon
the Provisional Government of Burma. The rights and benefits
heretofore enjoyed by the Government of the United Kingdom in
virtue of the application of any such international instrument to
Burma shall henceforth be enjoyed by the Provisional Government
of Burma.
Article 3
Any person who at the date of the coming into force of the
present Treaty is, by virtue of the Constitution of the Union of
Burma, a citizen thereof and who is, or by virtue of a subsequent
election is deemed to be, also a British subject, may make a
declaration of alienage in the manner prescribed by the law of
the Union, and thereupon shall cease to be a citizen of the
Union.
The Provisional Government of Burma undertake to introduce in
the Parliament of the Union as early as possible, and in any case
within a period of one year from the coming into force of the
present Treaty, legislation for the purpose of implementing the
provisions of this Article.
Article 4
The relations of the contracting Governments in the sphere of
Defence shall be regulated by the Agreement concluded between
them on 29th August, 1947, the provisions of which are set out in
the Annex hereto and which shall have force and effect as
integral parts of the present Treaty.
Article 5
The Provisional Government of Burma reaffirm their obligation
to pay to British subjects domiciled on the date of the coming
into force of the present Treaty in any country other than India
and Pakistan all pensions, proportionate pensions, gratuities,
family pension fund and provident fund payments and
contributions, leave salaries and other sums payable to them
from the revenues of Burma or other funds under the control of
the executive authority of Burma, in virtue of all periods of
service prior to that date under the rules applicable immediately
prior thereto.
Article 6
The contracting Governments agree that the following provisions
shall constitute a final settlement of the financial questions
dealt with in this Article:-
1. The Provisional Government of Burma reaffirm their agreement
to pay over in full proceeds of the sale of Army [including Civil
Affairs Service (Burma)] stores. The Government of the United
Kingdom agree to make no claim on the Provisional Government of
Burma for repayment of the cost of the Civil Affairs
Administration prior to the restoration of civil government.
2. The Government of the United Kingdom agree to cancel 15
million of the sums advanced towards the deficits on the Ordinary
Budget and the Frontier Areas Budget. The balance of the sums
will be repaid by Burma in twenty equal yearly instalments
beginning not later than 1st April, 1952, no interest being
chargeable. The cancellation of this amount of Burma's
indebtedness is accepted by the Provisional Government of Burma
as a further contribution by the Government of the United Kingdom
towards the restoration of Burma's financial position and as a
final liquidation of their claim in respect of the cost of
supplies and services furnished to the British Military
Administration in Burma.
3. The Provisional Government of Burma agree to repay in full
the sums advanced by the Government of the United Kingdom towards
expenditure on Projects (including Public Utilities, etc.). In
accordance with existing agreements, repayment will continue to
be made from current receipts in excess of necessary outgoings
and working capital and from the proceeds of liquidation, and the
balance of advances outstanding will be repaid by the Provisional
Government of Burma in twenty equal yearly instalments beginning
not later than 1st April, 1952, no interest being chargeable.
4. The Government of the United Kingdom agree to continue to
reimburse the Provisional Government of Burma for expenditure in
respect of -
(a) claims for supplies and services rendered to the Burma Army
in the Burma campaign of 1942; and
(b) release benefits payable on demobilisation to Burma Army
personnel for war service.
5. Except in so far as they are specifically modified or
superseded by the terms of this Agreement and of the Defence
Agreement of 29th August, 1947, the provisions of the Financial
Agreement of 30th April, 1947 [Hansard, 22nd May, 1947, Columns
276-7.] between the Government of the United Kingdom and the
Government of Burma remain in force.
Article 7
(a) All contracts other than contracts for personal service
made in the exercise of the executive authority of Burma before
the coming into force of the Constitution of the Union of Burma
to which any person being a British subject domiciled in the
United Kingdom or any Company, wherever registered, which is
mainly owned, or which is managed and controlled by British
subjects so domiciled, was a party, or under which any such
person or company was entitled to any right or benefit, shall as
from that date, have effect as if made by the Provisional
Government of Burma as constituted on and from that date; and all
obligations that were binding on the Provisional Government of
Burma immediately prior to the said date, and all liabilities,
contractual or otherwise, to which that Government was then
subject, shall, in so far as any such person or company as
aforesaid is interested, devolve on the Provisional Government of
Burma as so constituted.
(b) In so far as any property, or any interest in any property
vested in any person or authority in Burma before the coming into
force of the Constitution of the Union of Burma, or the benefit
of any contract entered into by any such person or authority
before that date, is thereafter transferred to, or vested in the
Provisional or any successor Government of Burma, it shall be so
transferred or vested subject to such rights as may previously
have been created and still subsist therein, or in respect
thereof, in favour of any person or company of the status or
character described in the preceding sub-article.
Article 8
The contracting Governments being resolved to conclude at the
earliest possible date a mutually satisfactory Treaty of Commerce
and Navigation have agreed for a period of two years from the
date of the coming into force of the present Treaty or until the
conclusion of such a Treaty of Commerce and Navigation to conduct
their commercial relations in the spirit of Nos. 1-3 of the
Exchange of Notes annexed hereto, provided that, at any time
after six months from the date of the coming into force of the
present Treaty, either party may give three months' notice to
terminate the undertaking set out therein.
Article 9
The contracting Governments agree to maintain postal services,
including Air Mail services and Money Order services, on the
existing basis, subject to any alteration in matters of detail
which may be arranged between their respective Postal
Administrations as occasion may arise.
Article 10
The Provisional Government of Burma agree to negotiate Treaty
arrangements in respect of the care and upkeep of war cemeteries
and/or war graves of the British Commonwealth and Empire in Burma
with the Governments represented on the Imperial War Graves
Commission and, pending negotiation of such arrangements, to
recognize the Imperial War Graves Commission as the sole
authority responsible for dealing with such war cemeteries and/or
war graves and to accord to the Commission the privileges set out
in Nos. 4 and 5 of the Exchange of Notes annexed to the present
Treaty.
Article 11
The contracting Governments will accord to each other the same
treatment in civil aviation matters as heretofore, pending the
conclusion of an Agreement in regard to them, provided that this
arrangement may be terminated on six months' notice given by
either side.
Article 12
The contracting Governments agree to conclude at the earliest
possible date an agreement for the avoidance of double taxation.
Article 13
Nothing in the present Treaty is intended to or shall in any
way prejudice the rights and obligations which devolve or may
devolve upon either of the contracting parties under the Charter
of the United Nations or from any special agreements concluded in
virtue of Article 43 of the Chapter.
Article 14
Should any difference arise relative to the application or the
interpretation of the present Treaty, and should the contracting
parties fail to settle such difference by direct negotiations,
the difference shall be deferred to the International Court of
Justice unless the parties agree to another mode of settlement.
Article 15
The present Treaty shall be ratified and shall come into force
immediately upon the exchange of Instruments of Ratification,
which shall take place on the day on which Burma becomes
independent in accordance with the appropriate legislation to be
introduced in the United Kingdom for that purpose.
In witness whereof the above-named plenipotentiaries have
signed the present Treaty and have affixed thereto their Seals.
Done in duplicate in London this 17th day of October, 1947.
(Sd.) Clement Richard Attlee.
(Sd.) Thakin Nu.
annex
Defence Agreement
signed on 29th august, 1947, in Rangoon
General
This Defence Agreement between the Government of Burma and the
United Kingdom Government has been freely concluded between the
two countries and is without prejudice to any Military alliance
which may be made in the future between the Government of Burma
and the United Kingdom Government.
It has been negotiated in relation to the treaty of transfer, the
provisions of which in regard to the international obligations of
either party, the settlement of disputes and to similar matters
will apply in respect of this Agreement subject to the provisions
of the treaty.
Evacuation of British Troops
2. Subject to the provisions of this Agreement, the United
Kingdom Government will move all United Kingdom troops out of
Burma as soon as possible after the date of transfer of power.
The margin of time necessary to effect this movement will be a
matter for adjustment between the two Governments. The Government
of Burma agree to afford all possible help and protection to His
Majesty's Forces in the course of this evacuation.
Financial Concessions by the United Kingdom Government
3. The United Kingdom Government agree -
(a) to forego the financial claims made upon the Government of
Burma in the letter to the Finance and Revenue Department of 22nd
February, 1947, in respect of Defence charges in Burma subsequent
to 1st April 1947;
(b) to make no charge in respect of the transfer of initial
equipment for the Burma Army up to the scales agreed;
(c) to make no charge in respect of the transfer of initial
maintenance reserves for the Burma Army up to the agreed scales;
(d) to transfer to the Government of Burma free of cost fixed
assets of the Army and the Royal Air Force remaining in Burma at
the date of the transfer of power:
provided that the transfers agreed to in clauses (b), (c) and (d)
above shall explicitly exclude all Lend/Lease material.
United Kingdom Service Mission
4. In accordance with the wishes of the Government of Burma the
United Kingdom Government agree -
(i) to provide a Naval, Military and Air Force Mission to
Burma;
(ii) that the Mission will, provided volunteers are available,
include instructional and other staff for service with the Burma
Forces;
(iii) to provide training facilities in His Majesty's
establishment for personnel of the Burma forces.
The functions and composition of the Mission and of
instructional and other staff, the terms and conditions of
service of United Kingdom personnel and particulars of training
facilities to be provided will fall to be negotiated separately
between the two Governments.
As a special arrangement to meet the circumstances giving rise
to this Agreement, the United Kingdom Government are prepared to
waive the cost of the Mission, excluding instructional and other
staff under (ii) above, and the cost of training facilities in
His Majesty's establishments for a period of three years from the
transfer of power. The cost, other than Home effective and
non-effective charges, of instructional and other staff for
service with the Burma forces will be borne by the Burma
Government.
Naval
5. The United Kingdom Government agree to transfer to the
Government of Burma free of cost the Naval vessels set out in the
Appendix to this Agreement.
Air Provisions
6. Subject to the provisions of this Agreement the United
Kingdom Government agree -
(a) to contribute such portion of the cost of the maintenance of
Mingaladon Airfield including the cost of technical personnel as
may be agreed between the two Governments;
(b) to provide necessary technical personnel for the maintenance
and operation of this airfield at appropriate standards to be
agreed between the two Governments for such period, not exceeding
one year, as will enable the Government of Burma to assume this
responsibility;
(c) to contribute for a period of three years a sum not exceeding
40,000 annually to the maintenance at standards to be agreed
between the two Governments of the landing grounds at Akyab and
Mergui.
Supply of War Material
7. Having regard to the friendly relations signified by the
conclusion of this Agreement, the United Kingdom Government agree
to give all reasonable facilities for purchase by the Government
of Burma of War Material.
Undertaking of the Government of Burma
8. The Government of Burma agree -
(a) to receive a Naval, Military and Air Force Mission from the
United Kingdom Government and not from any Government outside the
British Commonwealth;
(b) that, in view of the close association between His Majesty's
Navy and the Burma Naval Forces and in accordance with customary
peace-time practice with other friendly Powers, ships of either
navy shall have the right of entry into the ports of the other
party upon notification direct between their respective naval
authorities on the spot;
(c) that, in view of the friendly association between the air
forces of the two parties, military aircraft of either party
shall have the right in accordance with customary peace-time
practice upon notification direct between the respective air
authorities, to fly over the territories of the other, and to
enjoy staging facilities at airfields to be prescribed from
time to time by agreement between the two Governments, including
those referred to in Article 6;
(d) that His Majesty's forces bringing help and support to Burma
by agreement with the Government of Burma or to any part of the
Commonwealth by agreement with the Government of Burma and with
the Government of that part of the Commonwealth shall be afforded
all reasonable assistance including facilities of access and
entry into Burma by air, land and sea.
Further Negotiations
9. Nothing in this Agreement shall preclude either party from
opening fresh negotiations with the other on any matter within
the defence sphere, but such negotiations shall not, except by
agreement, affect the obligations of either party under this
Agreement.
Duration
10. The provisions of this Agreement shall remain in operation
in the first instance for three years from the transfer of power
and thereafter subject to twelve months' notice on either side.
Bo Let Ya, John W. Freeman,
29th August, 1947. 29th August, 1947.
appendix
(Article 5)
Vessels now on loan which His Majesty's Government agree to
transfer free of cost to the Government of Burma:-
One Ocean-going Vessel (His Majesty's Government require the
frigate F.A.L. now on loan but will consider the offer of a
corvette in substitution).
Thirteen Harbour Defence Motor Launches.
Three 90-ft. Motor Fishing Vessels.
o 61+-ft. Motor Fishing Vessels.
One 45-ft. Motor Fishing Vessel.
Five Harbour Launches, Petrol.
Six Fast Motor Boats.
Four Cargo Lighters (viz., two R.C.L., two "Z" craft).
Two Motor Minesweepers.
---------
Demi-official letter from the Hon'ble Bo Let Ya, Counsellor for
Defence, Government of Burma, to J. Freeman, Esq., M.B.E., M.P.,
Chairman, British Defence Mission to Burma, dated Rangoon, the
29th August, 1947.
In connexion with Articles 4 (i) and 8 (a) of our Agreement
about the provision of a British Naval, Military and Air Force
Mission for Burma, I would like, if you agree, to place on record
our expectation that as Burma has agreed to receive no Mission
from outside the Commonwealth the United Kingdom Government will
do their best to provide qualified advisers and other staff for
the Mission in sufficient numbers, but that if this should prove
impossible through lack of volunteers or other causes, it may
become necessary for the two Governments to take advantage of
Article 9 to terminate the provisions relating to the Mission.
---------
Demi-official letter from J. Freeman, Esq., M.B.E., M.P.,
Chairman, British Defence Mission to Burma, to the Hon'ble Bo Let
Ya, Counsellor for Defence, Government of Burma, - No. B.D.M.-6,
dated Rangoon, the 29th August, 1947.
Thank you for your letter of 29th August. It is, of course, the
intention of the United Kingdom Government, in concluding the
Defence Agreement under reference, that it shall be made to work
effectively. In the event of the United Kingdom Government being
unable to provide a mission capable of carrying out its task
effectively, I agree with you that a new situation would arise
and both parties could properly re-examine the matter in the
light of Clause 9.
---------
Demi-official letter from J. Freeman, Esq., M.B.E., M.P.,
Chairman, British Defence Mission to Burma, to the Hon'ble Bo Let
Ya, Counsellor for Defence, Government of Burma, dated Rangoon,
the 29th August, 1947.
I think it somewhat below the dignity of our two Governments to
include in a formal agreement between them the latter part of
Article 5 relating to naval vessels in the latest draft of our
Defence Agreement. On the other hand, the point relating to the
use and disposal of the vessels is of some importance, and I
suggest that instead of writing it into the agreement you should
let me have an acknowledgment of this present letter, and in it
place on record the fact that your Government has agreed that the
naval vessels referred to in the Appendix to Clause 5 of the
Defence Agreement shall only be employed for Government purposes
and shall not be sold for commercial or other uses.
---------
Demi-official letter from the Hon'ble Bo Let Ya, Counsellor for
Defence, Government of Burma, to J. Freeman, Esq., M.B.E., M.P.,
Chairman, British Defence Mission to Burma, dated Rangoon, the
29th August, 1947.
I acknowledge with thanks your note of today's date.
The Government of Burma have agreed that the naval vessels
referred to in the Appendix to Clause 5 of the Defence Agreement
shall only be employed for Government purposes and shall not be
sold for commercial or other uses.
---------
exchange of notes
>From the Rt. Hon. C.R. Attlee, C.H., M.P., Prime Minister of the
United Kingdom of Great Britain and Northern Ireland, to the
Hon'ble Thakin Nu, Prime Minister of the Provisional Government
of Burma, dated London, the 17th October, 1947.
With a view to the most friendly commercial relations with the
new independent State of Burma, the Government of the United
Kingdom are desirous to conclude a Commercial Treaty with the
least possible delay, but realize that the complex nature of such
a Treaty makes it impossible to hope to complete negotiations
before the coming into force of the Constitution of the Union of
Burma. At the same time the Government of the United Kingdom are
sure that the Provisional Government of Burma share their view
that the commercial relations of the two countries should not
be left entirely unregulated in the meantime and that suitable
transitional arrangements cannot but help the conclusion of a
mutually satisfactory Treaty at as early a date as possible.
2. I have therefore to express the hope that the Provisional
Government of Burma will not during this interim period take
action which would prejudicially affect existing United Kingdom
interests in Burma in the legitimate conduct of the businesses or
professions in which they are now engaged, and that if the
Provisional Government of Burma, in the formulation of national
policy, are convinced that such action must be taken in any
particular case they will consult with the Government of the
United Kingdom in advance with a view to reaching a mutually
satisfactory settlement. For their part the Government of the
United Kingdom will be glad to observe the same principles in
regard to the treatment of Burma interests in the United Kingdom.
3. If the Provisional Government of Burma agree with the
foregoing proposals, I suggest that this letter and your reply
should constitute an understanding between our two Governments to
that effect.
---------
>From the Hon'ble Thakin Nu, Prime Minister of the Provisional
Government of Burma, to the Rt. Hon. C.R. Attlee, C.H., M.P.,
Prime Minister of the United Kingdom of Great Britain and
Northern Ireland, dated London, the 17th October, 1947.
I have the honour on behalf of the Provisional Government of
Burma, to acknowledge receipt of your letter of today's date. The
Provisional Government of Burma share the view of the Government
of the United Kingdom that the commercial relations of the two
countries should not be left entirely unregulated during the
period which will elapse between the coming into force of the
constitution of the Union of Burma and the conclusion of a
mutually satisfactory Treaty of Commerce and Navigation. The
Provisional Government of Burma therefore agree, subject to
paragraph 2 below, that they will not take action which would
prejudicially affect existing United Kingdom interests in Burma
in the legitimate conduct of the businesses or professions in
which they are now engaged. The Provisional Government of Burma
also agree that if convinced of the necessity of such action in
any particular case they will consult with the Government of the
United Kingdom in advance with a view to reaching a mutually
satisfactory settlement, although there may be occasional cases
of emergency in which full prior consultation is impracticable
and only short notice can be give to the United Kingdom
Ambassador. The Provisional Government of Burma note with
satisfaction that the Government of the United Kingdom will
observe the same principles in regard to the treatment of Burma
interests in the United Kingdom.
2. I have however to explain that the undertaking given in the
preceding paragraph must be read as subject to the provisions of
the Constitution of the Union of Burma as now adopted, and in
particular to the policy of State socialism therein contained to
which my Government is committed. If however the implementation
of the provisions of Articles 23 (4) and (5), 30, 218, or 219 of
the Constitution should involve the expropriation or acquisition
in whole or in part of existing United Kingdom interests in
Burma, the Provisional Government of Burma will provide equitable
compensation to the parties affected.
3. Finally I suggest that, in so far as questions arise which,
in the opinion of either Government, do not appropriately fall
within the scope of the preceding paragraphs of this letter,
these should be discussed by representatives of our two
Governments, and decided in accordance with the generally
accepted principles of international law and with modern
international practice.
---------
>From the Rt. Hon. C.R. Attlee, C.H., M.P., Prime Minister of the
United Kingdom of Great Britain and Northern Ireland, to the
Hon'ble Thakin Nu, Prime Minister of the Provisional Government
of Burma, dated London, the 17th October, 1947.
I have the honour, on behalf of the Government of the United
Kingdom, to acknowledge receipt of your letter of today's date.
The Government of the United Kingdom welcome both the Provisional
Government of Burma's acceptance of the suggestion contained in
my previous letter and their assurance of equitable compensation
to United Kingdom interests in the circumstances set out in
paragraph 2 of your letter. The Government of the United Kingdom
readily accept the suggestion contained in paragraph 3 of your
letter.
---------
>From the Hon'ble Thakin Nu, Prime Minister of the Provisional
Government of Burma, to the Rt. Hon. C.R. Attlee, C.H., M.P.,
Prime Minister of the United Kingdom of Great Britain and
Northern Ireland, dated London, the 17th October, 1947.
In connexion with Article 10 of the Treaty signed by us to-day,
I have the honour to inform you that, pending the conclusion of a
formal Agreement with the Governments represented on the
Commission, the Provisional Government of Burma agree to permit
the Imperial War Graves Commission -
(1) to lay out, construct and maintain the war cemeteries and/or
war graves in accordance with their usual practice;
(2) to enjoy the use, free of cost, of the sites of such war
cemeteries and/or war graves for so long as they are used solely
as cemeteries and/or graves;
(3) to appoint and maintain staff to carry out their work and
occupy the accommodation required for the purpose of their
operations;
(4) to import free of duty such materials and implements as may
be required for the carrying out of their work.
---------
>From the Rt. Hon. C.R. Attlee, C.H., M.P., Prime Minister of the
United Kingdom of Great Britain and Northern Ireland, to the
Hon'ble Thakin Nu, Prime Minister of the Provisional Government
of Burma, dated London, the 17th October, 1947.
I have the honour to acknowledge the receipt of your note of
today's date regarding the treatment which the Provisional
Government of Burma propose to accord to the Imperial War Graves
Commission pending the conclusion of a formal Agreement on the
subject, and to state that the arrangement therein recorded have
been noted with satisfaction by the Government of the United
Kingdom.
---------
protocol of signature
On the signature this day of the Treaty between the Government
of the United Kingdom of Great Britain and Northern Ireland and
the Provisional Government of Burma the undersigned
plenipotentiaries declare as follows:-
Having regard to the close administrative relations which have
hitherto existed between them, and the fact that it may not in
every appropriate case have proved possible by the appointed date
to complete such alternative arrangements as may be needed, the
Government of the United Kingdom and the Provisional Government
of Burma affirm their intention to co-operate to ensure that,
pending the completion of such arrangements, the minimum of
administrative inconvenience and disturbance shall be caused to
one another.
(Sd.) Clement Richard Attlee.
(Sd.) Thakin Nu.
17th October, 1947.
Burma Independence (A.D. 1947)
a bill to
Provide for the independence of Burma as a country not within His
Majesty's dominions and not entitled to His Majesty's protection,
and for consequential and connected matters
Be it enacted by the King's Most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
authority of the same, as follows:-
Independence of Burma
1. - (1) On the appointed day, Burma shall become an
independent country, neither forming part of His Majesty's
dominions nor entitled to His Majesty's protection.
(2) In this Act, the expression "the appointed day" means the
fourth day of January, nineteen hundred and forty-eight.
(3) The suzerainty of His Majesty over the part of Burma known
as the Karenni States shall lapse as from the appointed day, and
with it all treaties and agreements in force between His Majesty
and the rulers of the Karenni States, all functions exercisable
by His Majesty with respect to the Karenni States, all
obligations of His Majesty towards the Karenni States or the
rulers thereof, and all powers, rights, authority or jurisdiction
exercisable by His Majesty in or in relation to the Karenni
States by treaty, grant, usage, sufferance or otherwise.
Certain persons to cease to be British Subjects
2. - (1) Subject to the provisions of this section, the persons
specified in the First Schedule to this Act, being British
subjects immediately before the appointed day, shall on that day
cease to be British subjects:
Provided that a woman who immediately before the appointed day
is the wife of a British subject shall not cease by virtue of
this sub-section to be a British subject unless her husband
ceases by virtue of this sub-section to be a British subject.
(2) A person who by virtue of sub-section (1) of this section
ceases to be a British subject on the appointed day and is
immediately before that day domiciled or ordinarily resident in
either -
(a) any part of the United Kingdom;
(b) any of the Channel Islands;
(c) the Isle of Man;
(d) Newfoundland;
(e) any colony;
(f) any territory in respect of which a mandate from the League
of Nations was accepted by His Majesty, being a territory under
the sole administration of His Majesty's Government in the United
Kingdom;
(g) any territory administered under the trusteeship system of
the United Nations, being a territory under the sole
administration of His Majesty's Government in the United Kingdom;
(h) any British protectorate;
(i) any British protected state outside Burma; or
(j) any other place outside Burma in which, by treaty,
capitulation, grant, usage, sufferance or other lawful means, His
Majesty has jurisdiction over British subjects.
may, by a declaration made before the expiration of the two years
beginning with the appointed day to such person and in such
manner as may be prescribed, elect to remain a British subject,
and if he so elects, the provisions of sub-section (1) of this
section (including the proviso thereto) shall be deemed never to
have applied to or in relation to him or, except so far as the
declaration otherwise provides, any child of his who is under the
age of eighteen years at the date of the declaration:
Provided that a declaration under this sub-section shall be of
no effect unless it is registered in the prescribed manner in
pursuance of an application made within, or within the prescribed
period after the expiration of, the said two years.
In this sub-section, the expression "prescribed" means
prescribed by regulations of the Secretary of State or of such
Government, authority or person as may be authorized in that
behalf by the Secretary of State, and different provision may be
made under this sub-section for different classes of cases.
(3) A person who by virtue of sub-section (1) of this section
ceases to be a British subject on the appointed day, not being
such a person as is mentioned in sub-section (2) of this section,
shall, if on that day he neither becomes, nor becomes qualified
to become, a citizen of the independent country of Burma for
which provision is made by section one of this Act, have the like
right of election as is provided for by sub-section (2) of this
section, and the said sub-section (2) shall have effect
accordingly.
(4) If provision is made by the law of any part of His
Majesty's dominions not mentioned in sub-section (2) of this
section for the exercise by any persons, being persons domiciled
or ordinarily resident in that part of His Majesty's dominions or
in any territory administered by the Government thereof, of a
right to elect not to cease to be British subjects on the
appointed day by reason of Burma becoming an independent country
on that day, then, so far as is necessary to give effect under
the law of the United Kingdom to the results flowing under the
law of that part of His Majesty's dominions from the exercise of
the right of election, the provisions of sub-section (1) of this
section shall be deemed never to have applied to or in relation
to, or to or in relation to the children of, the persons who duly
exercise that right.
(5) Save as provided in this section, no person who is a
British subject immediately before the appointed day shall cease
to be a British subject by reason of Burma ceasing on that day to
be part of His Majesty's dominions.
(6) The exercise by a person of any such right of election as
is referred to in sub-section (2), sub-section (3) and
sub-section (4) of this section shall not render unlawful
anything done before the date of the election which would have
been lawful if the election had not been made.
Temporary continuation of customs preferences
3. - (1) Notwithstanding any of the provisions of this Act, the
enactments relating to customs (including the enactments relating
to customs in the Isle of Man) shall, on and after the appointed
day, have effect, until such date as may be specified by His
Majesty by Order in Council, as if Burma were part of His
Majesty's dominions:
Provided that His Majesty may by Order in Council direct that
as from a specified date all goods or goods of specified classes
or descriptions shall be charged under said enactments either as
if preceding provisions of this section had not passed or at such
rates as may be specified in Order not being rates higher than
would have been chargeable if said provision had not passed.
(2) Any Order in Council made under this sub-section may be
revoked or varied by a subsequent Order in Council made
thereunder.
(3) Any Order in Council made under this section shall be laid
before both Houses of Parliament after it is made and if, within
a period of forty days beginning with the day on which any such
Order is so laid before it, either House of Parliament presents
an Address to His Majesty praying that the Order may be revoked,
His Majesty may revoke the Order accordingly, but without
prejudice to the making of a new Order.
(4) In reckoning the said period of forty days, no account
shall be taken of any time during which Parliament is dissolved
or prorogued, or during which both Houses are adjourned for more
than four days.
(5) Section one of the Rules Publication Act, 1893 (which
requires notice to be given of a proposal to make statutory
rules) shall not apply to any Order in Council made under this
section.
Legal proceedings
4. - (1) Any appeal to His Majesty in Council from any court in
Burma which is pending on the appointed day shall abate on that
day.
(2) No proceedings shall be brought in any court on or after
the appointed day against the Secretary of State in any such case
as is mentioned in section one hundred and thirty-three of the
Government of Burma Act, 1935, and any proceedings brought by or
against the Secretary of State by virtue of that section which
are pending immediately before the appointed day shall abate on
that day so far as the Secretary of State is concerned.
(3) Nothing in this Act shall affect the jurisdiction of the
High Court in England or the Court of Session in Scotland under
the Indian and Colonial Divorce Jurisdiction Acts, 1926 and 1940,
as respects decrees or orders made in Burma which, before the
appointed day, have been registered in those Courts respectively
under those Acts:
Provided that -
(a) notwithstanding anything in those Acts, the said Courts may
entertain applications for the modification or discharge of
orders notwithstanding that the person on whose petition the
decree for dissolution was pronounced is resident in Burma; and
(b) no regard shall be had to any order made in Burma on or after
the appointed day modifying or discharging any decree or order
made before the appointed day.
Short Title, interpretation, repeals and construction of existing
Orders in Council and other instruments
5. - (1) This Act may be cited as the Burma Independence Act,
1947.
(2) Any reference in this Act to any other enactment shall be
construed as a reference to that enactment as amended by any
subsequent Act or by an order or other instrument made under any
subsequent Act, including, without prejudice to the generality of
the preceding words, the Government of India (Adaptation of Acts
of Parliament) Order, 1937 and any subsequent Orders in Council
made under sub-section (5) of section three hundred and eleven
of the Government of India Act, 1935.
(3) The enactments specified in the Second Schedule [Not
reproduced.] to this Act are hereby repealed as from the
appointed day to the extent specified in that Schedule;
Provided that if, by the law of Burma, any such enactment is
continued on or after the appointed day as part of the law of
Burma, nothing in this repeal shall be taken to prevent the
recognition outside Burma of that enactment as part of the law of
Burma.
(4) It is hereby declared that references (however worded) to
Burma or British Burma in Orders in Council and other instruments
made before the passing of this Act under any enactments not
repealed by this Act do not include references to, or to any part
of, the independent country of Burma for which provision is made
by section one of this Act, but nothing in this sub-section shall
be construed as affecting any power to make a new Order in
Council or other instrument under any such enactment in relation
to the said independent country.
schedules
First Schedule (Section 2)
Persons who cease to be British Subjects
1. The persons who, being British subjects immediately before
the appointed day, are, subject to the provisions of section two
of this Act, to cease on that day to be British subjects are the
following persons, that is to say -
(a) persons who were born in Burma or whose father or paternal
grandfather was born in Burma, not being persons excepted by
paragraph 2 of this Schedule from the operations of this
sub-paragraph; and
(b) women who were aliens at birth and became British subjects by
reason only of their marriage to any such person as is specified
in sub-paragraph (a) of this paragraph.
2. (1) A person shall be deemed to be excepted from the
operation of sub-paragraph (a) of paragraph 1 of this Schedule if
he or his father or his paternal grandfather was born outside
Burma in a place which, at the time of the birth, -
(a) was within His Majesty's dominions, was a British
protectorate, was a British protected state, was a territory in
respect of which a mandate from the League of Nations had been
accepted by His Majesty and which was under the administration of
the Government of any part of His Majesty's dominions or was a
territory under the trusteeship system of the United Nations
which was under the administration of the Government of any part
of His Majesty's dominions; or
(b) was a place where, by treaty, capitulation, grant, usage,
sufferance or other lawful means, His Majesty had jurisdiction
over British subjects:
Provided that a person shall not be excepted under this
sub-paragraph from the operation of the said sub-paragraph (a) by
virtue of the place of birth of his father or paternal
grandfather unless his father or, as the case may be, his
paternal grandfather, was at some time before the appointed day a
British subject.
(2) A person shall also be deemed to be excepted from the
operation of the said sub-paragraph (a) if he or his father or
his paternal grandfather became a British subject by
naturalization or by annexation of any territory which is outside
Burma.
(3) Where, in pursuance of the British Nationality and Status
of Aliens Act, 1914, the name of a child has been included in a
certificate of naturalization granted to his parent, or where, in
pursuance of any Act repealed by that Act, any child has been
deemed to be a naturalized British subject by reason of residence
with his parent, that child shall, for the purposes of this
paragraph, be deemed to have become a British subject by
naturalization.
3. For the purposes of this Schedule, a person born in a ship,
other than an unregistered ship, shall be deemed to have been
born in the country in which the ship was registered.
4. In this Schedule the expression "Burma" means the
territories which, immediately before the appointed day, were
included in Burma.