3 MAY 1946, Page 15


SIR,—I cannot agree with Mr. David Freeman's criticism of Sir Richard Winstedt's statement that the Malay States were juridically independent. The practice in appeals to the Privy Council is that such appeals always lie, in appropriate cases, from the Crown Colonies, and never from Protected States, unless such States have requested the Privy Council to entertain them. Orders in Council were made, in pursuance of such requests, in the case of the Federated Malay States in 1905, and subsequently in the case of Johore. It appears to me that a State does not lose its juridical independence by choosing, of its own volition, the Tribunal which is to constitute the final Court of Appeal, any more than the Kedah Government loses its juridical independence by requesting nominated members of the Supreme Court of the S.S. and F.M.I. to constitute the final Court of Appeal in Kedah. Incidentally, with the exception of Johore, none of the Unfederated States has requested the Privy Council to entertain its appeals, and no such appeal in fact lies.—I am, Sir, yours, &c.,

31 Bullingham Mansions, London, W.H. A. lt BECKETT TERRELL.