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Report No. 43

5.17. Recommendation regarding the Foreign Enlistment Act.-

As regards the (U.K.) Foreign Enlistment Act, 1870, which concentrates on recruitment for a foreign State at War with a friendly State, we do not think that elaborate provision under that category is required. The matter could be left to be dealt with by the Central Government, which can be given general powers to prohibit or regulate enlistment for foreign State similar to its general powers under section 4 of the Foreign Recruiting Act, 1874.

Moreover, many of the activities made punishable by the British Act, like illegal ship building, are such that in the conditions of the present day it would be physically impossible for individuals to embark on them without detection. The rest of the activities punishable under the Act could be dealt with as abetment of the commission of, the principal crime, which is-to put the matter shortly-unauthorised recruitment for a foreign State.

A provision similar to section 4 of the Foreign Recruiting Act would be adequate to regulate, restrict or prohibit such recruitment, whatever be the status of the foreign country in question.

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