Enclosure 5
Minute by the Attorney General.
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Red 13 96
202
In the first volume of Phillimore's International Law 3rd Edition p.473 it is stated:-
"Long usage and universal custom entitle every foreign ship of war to be considered as a part of the territory to which she belongs and to be exempt from any other jurisdiction."
and at page 479 it is added: -
"The privilege is extended by the reason of the thing to boats, tenders and all appurtenances of a ship of war but does not cover offences against the territorial law committed on shore though the commanders of vessels are entitled to be apprised of the circumstances attending and causes justifying the arrest of any one of their crew and to secure to them through the agency of diplomatic or Consular ministers the administration of justice."
It seems to be that although the men might legally have been served with summons while on shore, there is no right to serve such a summons on board a foreign Man-of-War in our harbour. I take it the Queen's writ does not run on board that Man-of-War any more than it would in the foreign country itself.
Yet the summons commands (the men) in Her Majesty's name to be and appear before the Magistrate at ... o'clock etc., and that command is given on board the Man-of-War by delivering the summons.