(2.)
Governor of Hongkong to Secretary of State.
157
No. 308.
Enclosure.
C.S.0.2187.
MY LORD,
GOVERNMENT HOUSE,
HONGKONG, 5th November, 1888.
Referring to the 3rd paragraph of my Despatch, No. 280, of the 8th ultimo regarding the status of the French and German Mail Steamers, I have now the honour to forward the correspondence therein referred to.
2. As regards the incidents alleged to have taken place at the French Con- sulate and on board the Messageries Maritimes Steamer Natal, I am satisfied that the French Consul's version of the affair is strictly correct; and, if Monsieur VERLEYE had contented himself with rebutting the charges made against him, Your Lordship would not have been troubled with this correspondence. When, however, the Consul for France goes on to state his views of the privileges accorded to French Mail Steamers, and virtually makes it a matter for his discretion whether the process of the Supreme Court of the Colony shall be served on the Messageries Maritimes Steamers or not, it is impossible for me to follow him in his contention.
3. In view of the fact that there is, I understand, no real reciprocity in this matter, it is humiliating enough that the exercise of the jurisdiction of our Courts within our own waters should be even nominally subject to the discretion of a Foreign Consul. But the case is taken entirely out of the region of sentiment, and involves substantial injury when the Consul claims to make real use of this dis- cretion, by discriminating between process as to what he will, and what he will not support, and plainly indicates as in the latter category, all such as does not happen to be in accordance with the Law of France.
4. Under the circumstances I venture to suggest, as worthy of enquiry and of the consideration of Her Majesty's Government the question :---
(1.) Whether the privilege of exterritoriality is in practice extended to
British Mail Steamers in Foreign Ports;
(2.) Even if it is, whether advantage from this privilege does not largely preponderate on the side of Foreign Powers and against Great Britain;
(3.) Whether it is in principle just that this privilege should be extended to vessels competing in respect of cargo and passengers with others which are without it; and
(4.) Even if the privilege must be maintained, whether it should not in the case of France be subject to an arrangement similar to that already made with Germany and described by Lord ROSEBERY in his despatch to Count HATZFELDT, dated 26th April, 1886, (copy of which was forwarded for the information of this Government in the Secretary of State's Despatch, No 82, of the 24th June, 1886.
I have, &c.,
The Right Honourable
The Lord KNUTSFORD, G.C.M.G.
(Signed,)
G. WILLIAM DES VIEUX.
No. 29.
MY LORD,
(3.)
Governor of Hongkong to Secretary of Stale.
GOVERNMENT HOUSE, HONGKONG, 21st January, 1889.
With reference to my despatch, No. 308, of the 5th of November, and to pre- vious correspondence on the subject of the privilege of ex-territoriality granted to French and German Mail Steamers, I deem it right to bring to Your Lordship's notice an incident which has recently occurred here, and which, having given rise to some public indignation, was the subject of a question in the Legislative Council.