HISTORY OF BURMA AS I REMEMBER

HISTORY OF BURMA AS I REMEMBER  

Part V.  By U Aung

 

HISTORY OF BURMA AS I REMEMBER

HISTORY OF BURMA AS I REMEMBER
Part IV.

By U Aung

 

ႏု-အတၱလီ စာခ်ဳပ္- မွတ္တမ္းရုပ္ရွင္

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

Britain-Burma Defence Agreement

Signed on 29h 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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 onnected 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.