7721.
MY LORD,
No. 203.
(Hong KoNa.)
QUEEN'S ADVOCATE to FOREIGN OFFICE.
Doctors' Commons, July 28, 1863.
I AM honoured with your Lordship's commands, signified in Mr. Layard's letter
of 21st July instant, stating that he was directed to transmit to me a letter from the July 18th. Colonial Office, enclosing a copy of a Despatch from the Officer Administering the Government of Hong Kong, respecting the arrival off that port of the Federal war steamer "Wyoming," and asking for instructions in the event of a similar case occurring again, and to request that I would take these papers into consideration with reference to the rules of neutrality issued by Her Majesty's Government on the 31st January 1862, and furnish your Lordship with my opinion as to the answer which should be returned to the Governor of Hong Kong,
In obedience to your Lordship's commands I have taken this case into consideration, and have the honour to
Report
That the fact of the anchorage of the "Wyoming" being nearer to the Chinese shore than to the shore of Hong Kong, raises a question of some difficulty and embarrassment as to the application of the general rule of international law. Forming my opinion upon the map which accompanies the papers, as well as upon the statements in the papers, I do not advise Her Majesty's Government to insist, as a matter of strict right, that the place of anchorage adopted by the " Wyoming " is within those waters over which the jurisdiction of Her Majesty, in its relation to vessels of foreign independent States, extends.
But I do advise Her Majesty's Government that the Governor of Hong Kong should be instructed to put in force any local Ordinance, such as that referred to in paragraph 10 of Mr. Mercer's Despatch, which may prevent supplies being taken from Hong Kong to belligerent vessels anchored where the "Wyoming" was, other than such as are within the limits of the permission accorded by Her Majesty's proclamation.
It would, I think (but this is, perhaps, a question for the exercise of discretion upon the spot), also be proper that the United States' Consul should be apprised of Her Majesty's Government's intention in this respect, and if existing local Ordinances should be insufficient for this object, it would be expedient that others should be framed which may be sufficient for it. It must also be observed that it would not be competent to the ships of war of either belligerent to lie off the mouth of the harbour of Hong Kong for the purpose of exercising hostilities against vessels entering into that port or going out of it. Such a proceeding and practice would be a plain violation of inter- national obligations and of the neutral rights of Great Britain.
The
Right Hon. the Earl Russell, K.G.,
&o.
&c.
&c.
I have, &c.
(Signed) ROBERT PHILLIMORE.”
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