Ceylon Independence Act 1947

Section 4.

SECOND SCHEDULE Amendments not Affecting Law of Ceylon

British nationality

1 The following enactments (which provide for certificates of naturalisation granted and other things done under the law of one part of His Majesty's dominions to be recognised elsewhere), namely—

(a) section eight of the [4 & 5 Geo. 5. c. 17.] British Nationality and Status of Aliens Act, 1914 ; and

(b) paragraph (c) of section eight of the [6 & 7 Geo. 6. c. 14.] British Nationality and Status of Aliens Act, 1943 ;

shall apply in relation to Ceylon as they apply in relation to the Dominions specified in the First Schedule to the said Act of 1914.

Financial

2 As respects goods imported after such date as His Majesty may by Order in Council appoint section four of the [22 & 23 Geo. 5. c. 8.] Import Duties Act, 1932, and section two of the [22 & 23 Geo. 5. c. 16.] Isle of Man (Customs) Act, 1932 (which relate to imperial preference other than colonial preference), shall apply to Ceylon.

3 In section nineteen of the [13 & 14 Geo. 5. c. 14.] Finance Act, 1923 (which, as extended by section twenty-six of the [15 & 16 Geo. 5. c. 36.] Finance Act, 1925, provides for exemption from income tax and land tax of the High Commissioner and other officials of self-governing dominions), the expression "self-governing dominion '' shall include Ceylon.

4 In the [24 & 25 Geo. 5. c. 47.] Colonial Stock Act, 1934 (which extends the stocks which may be treated as trustee securities), the expression " Dominion " shall include Ceylon.

Visiting forces

5 The following provisions of the [23 & 24 Geo. 5. c. 6.] Visiting Forces (British Commonwealth) Act, 1933, namely—

(a) section three (which deals with deserters) ;

(b) section four (which deals with attachment and mutual powers of command) ;

(c) the definition of " visiting force " for the purposes of that Act generally which is contained in section eight thereof;

shall apply in relation to forces raised in Ceylon as they apply in relation to forces raised in the Dominions within the meaning of the [22 & 23 Geo. 5. c. 4.] Statute of Westminster, 1931.

Ships and aircraft

6 (1) In the definition of " Dominion ship or aircraft " contained in subsection (2) of section three of the [2 & 3 Geo. 6. c. 62.] Emergency Powers (Defence) Act, 1939, and in that contained in Regulation one hundred of the Defence (General) Regulations, 1939, the expression " a Dominion " shall include Ceylon.

(2) Paragraph (2) of Regulation fifty-four of the Defence (General) Regulations, 1939 (which confers power by notice to requisition from certain British subjects and companies space or accommodation in ships and aircraft), shall not authorise service of a notice on a British subject resident in Ceylon or a corporation incorporated under the law of Ceylon.

7 The [2 & 3 Geo. 6. c. 70.] Ships and Aircraft (Transfer Restriction) Act, 1939, shall not apply to any ship by reason only of its being registered in, or licensed under the law of, Ceylon ; and the penal provisions of that Act shall not apply to persons in Ceylon (but without prejudice to the operation with respect to any ship to which that Act does apply of the provisions thereof relating to the forfeiture of ships).

8 In the [24 & 25 Geo. 5. c. 49.] Whaling Industry (Regulation) Act, 1934, the expression " British ship to which this Act applies " shall not include a British ship registered in Ceylon.

Matrimonial causes

9 Section four of the [7 & 8 Geo. 6. c. 43.] Matrimonial Causes (War Marriages) Act, 1944 (which provides for the general recognition in British courts of decrees and orders made by virtue of that Act or of any law passed in a part of His Majesty's dominions outside the United Kingdom and declared by an Order in Council to correspond to that Act), shall, in relation to the making of any further Order in Council as respects a law of Ceylon, apply subject to the same provision for securing reciprocity as is made by proviso (ii) to subsection (1) thereof in the case of Dominions within the meaning of the Statute of Westminster, 1931.

Copyright

10 If the Parliament of Ceylon repeals or amends the [1 & 2 Geo. 5 c. 46.] Copyright Act, 1911, as it forms part of the law of Ceylon, then—

(a) except by virtue of sub-paragraph (b) of this paragraph, that Act shall no longer apply in relation to Ceylon as a part of His Majesty's dominions to which the Act extends, so, however, that this provision shall not prejudicially affect any legal rights existing at the time of the repeal or amendment ;

(b) Ceylon shall be included in the expression " self-governing dominion " for the purposes of subsection (2) of section twenty-five and subsection (3) of section twenty-six of that Act (which relate to reciprocity with self-governing dominions having their own copyright law), and the said subsection (2) shall have effect in relation to Ceylon as if that Act, so far as it remains part of the law of Ceylon, had been passed by the Parliament thereof.