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{{Short description|Lands with British monarch not in the UK}}
{{Short description|Lands with British monarch not in the UK}}
{{Distinguish|Commonwealth realm|British Overseas Territories|Crown Dependencies}}
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Revision as of 08:27, 23 October 2023

Not to be confused with Commonwealth realm, British Overseas Territories, or Crown Dependencies.

A British possession, as defined by British acts of parliament, is a country or territory outside the United Kingdom whose head of state is the British monarch, including all the British Overseas Territories,[1][2] and the Commonwealth realms, but excluding the United Kingdom itself.[1][2] Two acts in the Parliament of the United Kingdom define the status of British possessions: the Interpretation Act 1978[3][4][2] and the Interpretation Act 1889.[5][4] In the reign of Queen Victoria (r. 1837–1901), the Interpretation Act 1889 defined the British possessions in its article 18, section 2:

"British possession" means any part of Her Majesty's dominions outside the United Kingdom; and where parts of such dominions are under both a central and a local legislature, all parts under the central legislature are deemed, for the purposes of this definition, to be one British possession.

— Interpretation Act 1889, 18.2

In the reign of Elizabeth II (r. 1952–2022), the Interpretation Act 1978 defined the British possessions in its schedule 1,[2] with text identical to that in the 1889 act.[2] According to Ian Hendry and Susan Dickson in the 2018 2nd edition of British Overseas Territories Law, "the definition is evidently very wide" and the term is "anomalous as far as independent states covered by it are concerned", while "the term appears in some statutes, its use in modern times is rare".[1][a] According to Michael J. Strauss, "it is not uncommon for countries to use the term "possessions" for territories they control".[9]

In earlier legislation, such as the Colonial Laws Validity Act 1865, the term "colonies" had been used to distinguish "all of Her Majesty's Possessions abroad in which there shall exist a Legislature".[10][11] The Colonial Laws Validity Act 1865 specifically excluded the Channel Islands and the Isle of Man from the definition of "colony".[10][11]

In the law of South Africa, the status of the Union of South Africa as a "British possession" was tested in an extradition case disputing jurisdiction between the Union of South Africa and Basutoland.[12] Since the British Fugitive Offenders Act 1881 stated that "Where two British possessions adjoin, a person accused of an offence committed on or within the distance of five hundred yards from the common boundary of such possessions may be apprehended, tried, and punished in either of such possessions", a court in Mohale's Hoek claimed jurisdiction to try the case of defendant whose crime was alleged to have been committed in South Africa, but within 500 yards (460 m) of the Basutoland border. Having been convicted, the defence appealed, arguing that a Basutoland court had no jurisdiction because the Union of South Africa was not a "British possession" under the Status of the Union Act, 1934, which, following the Statute of Westminster 1931, had made South Africa a sovereign state. The court dismissed the appeal on the grounds that the Union of South Africa was indeed a "British possession", and that the Fugitive Offenders Act 1881 applied.[12] In 1937, W. P. M. Kennedy, commenting on this case in the University of Toronto Law Journal, suggested that the Dominion of Canada might have ceased to be a "British possession", writing: "under the Statute of Westminster, Dominions are no longer colonies "notwithstanding anything in the Interpretation Act, 1889", it is submitted that they are no longer "British possession" but admitting that "the point is arguable".[12]

In the law of New Zealand, New Zealand ceased to be a British possession as a result of the New Zealand Constitution Amendment Act 1973, which modified the provisions of the Statute of Westminster Adoption Act 1947.[13][14] This was recognized in court in 1976, when David Lange argued that the country was not a "British possession" under the terms of the British Fugitive Offenders Act 1881.[13][14] While Lange was prime minister of New Zealand, the New Zealand Parliament passed the Constitution Act 1986, which ended the power of the Parliament of the United Kingdom to legislate for New Zealand.[13][14]

Notes

  1. ^ In the 21st century, the term appears in the Sanctions and Anti-Money Laundering Act 2018,[6] the Wreck Removal Convention Act 2011,[7] and the Merchant Shipping (Pollution) Act 2006.[8]

References

  1. ^ a b c Hendry, Ian; Dickson, Susan (2018) [2011]. British Overseas Territories Law (2nd ed.). Hart Publishing. p. 5. ISBN 978-1-5099-1872-0.
  2. ^ a b c d e Curzon, Leslie Basil; Richards, Paul (2007). The Longman Dictionary of Law (7th ed.). Pearson. ISBN 978-0-582-89426-6.
  3. ^ "Interpretation Act 1978". legislation.gov.uk.
  4. ^ a b Waibel, Michael (2016), Aust, Helmut Philipp; Nolte, Georg (eds.), "Principles of Treaty Interpretation: Developed for and Applied by National Courts?", The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence, Oxford University Press, p. 27, doi:10.1093/acprof:oso/9780198738923.003.0002, ISBN 978-0-19-873892-3
  5. ^ "Interpretation Act 1889". legislation.gov.uk.
  6. ^ "Sanctions and Anti-Money Laundering Act 2018". legislation.gov.uk.
  7. ^ "Wreck Removal Convention Act 2011". legislation.gov.uk.
  8. ^ "Merchant Shipping (Pollution) Act 2006". legislation.gov.uk.
  9. ^ Strauss, Michael J. (2015). Territorial Leasing in Diplomacy and International Law. Brill Publishers. p. 40. ISBN 978-90-04-29362-5.
  10. ^ a b Finley, M. I. (1976). "Colonies: An Attempt at a Typology". Transactions of the Royal Historical Society. 26: 167–188. doi:10.2307/3679077. ISSN 0080-4401.
  11. ^ a b "Colonial Laws Validity Act 1865". legislation.gov.uk.
  12. ^ a b c Kennedy, W. P. M. (1937). "British Possessions". The University of Toronto Law Journal. 2 (1): 114–116. doi:10.2307/824773. ISSN 0042-0220.
  13. ^ a b c John, Wilson (2007-08-28). "New Zealand sovereignty: 1857, 1907, 1947, or 1987?". New Zealand Parliament. Retrieved 2023-10-22.
  14. ^ a b c Wilson, John (2008). "New Zealand Sovereignty: 1857, 1907, 1947, or 1987?". Political Science. 60 (2): 41–50. doi:10.1177/003231870806000204. ISSN 0032-3187.
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