Burma Independence Act 1947
| Jurisdiction | UK Non-devolved |
Burma Independence Act, 1947
(11 & 12 Geo. 6.) CHAPTER 3.
An Act 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.
[10th December 1947]
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:—
1 Independence of Burma.
(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.
2 Certain persons to cease to be British subjects.
(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 subsection to be a British subject unless her husband ceases by virtue of this subsection to be a British subject.
(2) A person who by virtue of subsection (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
(k ) 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 subsection (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 subsection 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 subsection, the expression ‘prescribed’ means prescribed by regulations of the Secretary of State or of such Government, authority or person as may be authorised in that behalf by the Secretary of State, and different provision may be made under this subsection for different classes of cases.
(3) A person who by virtue of subsection (1) of this section ceases to be a British subject on the appointed day, not being such a person as is mentioned in subsection (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 subsection (2) of this section, and the said subsection (2) shall have effect accordingly.
(4) If provision is made by the law of any part of His Majesty's dominions not mentioned in subsection (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 subsection (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 subsection (2), subsection (3) and subsection (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.
3 Temporary continuation of customs preferences.
(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 the said enactments either as if the preceding provisions of this section had not passed or at such rates as may be specified in the Order, not being rates higher than would have been chargeable if the said provisions had not passed.
(2) Any Order in Council made under this 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.
4 Legal proceedings.
(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.
5 Short title, interpretation, repeals and construction of existing Orders in Council and other instruments.
(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 subsection (5) of section three hundred and eleven of the Government of India Act, 1935 .
(3) The enactments specified in the Second Schedule 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...
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