cEAP. 111] THE UNION OF SOUTH AFRICA 995
Company, on such terms and conditions as to representation
and otherwise as are in the addresses expressed and approved
by the King, and the provisions of any Orders in Council in
that behalf shall have effect as if they had been enacted by
the Imperial Parliament.
This clause applies to the territories under the Government
of the British South Africa Company, viz. Southern Rho-
desia, and North-eastern Rhodesia and Barotzeland—North-
western Rhodesia, now amalgamated into one. It would
probably be impossible to include them forthwith in the
Union, inasmuch as the rights of the Company must be in
some way disposed of before the territories can be part of
the Union.
The position is somewhat analogous to that of the Hud-
son’s Bay Company as compared with the Dominion of
Canada before the amalgamation in 1870, when the rights
of the Hudson’s Bay Company were formally bought out by
the Canadian Government. Presumably in the long run
a similar course must be adopted in South Africa, and the
British South Africa Company must receive some compensa-
tion for the moneys expended by them in establishing
British rule in Rhodesia.
The mode of procedure is similar to that adopted in the
case of Canada ; 2 the exact terms on which the incorporation
is to take place will be laid down in the Order in Council, and
the Order in Council will then have the same effect as an
Imperial Act. Presumably, therefore, it will not be possible
for the Union Parliament to amend the provisions of the
Order in Council, for the power of alteration of the Constitu-
tion given in s. 152 applies only to the provisions of the Union
Act itself, and does not apply to the provisions of any other
Imperial Act, and the Order in Council is not incorporated
in the Union Act, but is given the force of an Imperial Act.
Jouneil or Councils affected alter the boundaries of any province, divide
a province into two or more provinces, or form a province out of existing
provincial areas.
- Cf. Report of B. ¥. A. Company for 1908.
i Cf. Wheeler, Confederation Law of Canada, pp. 755 seq.
rie
