1719.
PUBLIC RECORD OFFICE
C.O.
Reference :-
885
10 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 232.
(Hong Kong.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Lincoln's Inn, February 8, 1864. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 23rd ultimo, stating that with reference to the Law Officers' Reports of the 8th October, 11th November, and 9th December 1862 and 20th May,† 3rd and 24th§ July 1863, relative to the restriction imposed at Hong Kong and Singapore on the sale of arms with the view of preventing supplies of arms and warlike stores from reaching the Taepings, he was directed by your Lordship to transmit to us, together with the previous papers and with the correspondence which has passed on the subject since the date of the last-mentioned Report, the accompanying letters and their enclosures from the Colonial and India Offices and a letter addressed to your Lordship by Mr. Laird, complaining of his having been prevented by those restrictions from disposing of some guns, of the value of 2,000, which he purchased at Woolwich in June last for expor- tation to those markets, and Mr. Hammond was to request that we would take Mr. Laird's representations into consideration, and report to your Lordship our opinion thereupon.
In obedience to your Lordship's commands we have considered this case, and have the honour to
Report
That we are of opinion that Mr. Laird has not established any claim against Her Majesty's Government.
That the trade of Mr. Laird, like that of any other merchant, must be subject to the political and public exigencies which render necessary the exercise of Her Majesty's prerogative for the safety and welfare of her dominions at home and abroad, and his claim has not even that amount of reason, which might have been suggested if he had made his purchase before the date of the Order in Council. The case does not seem to us to be at all altered by his statement that in his tender he mentioned his intention of exporting the guns, &c. purchased by him to Hong Kong or Singapore. Importa- tion into those places is not prohibited by the Order in Council, and practically even exportation from them is still permitted under licence when the Colonial Government is satisfied that the true destination is not to the Chinese insurgents.
In this particular instance it is by no means certain that any loss need be sustained by Mr. Laird,
The guns transported to Hong Kong may probably be exported under special licence, if satisfactory proof can be given that they are not destined for the use or aid of the rebels in China.
This, however, is a matter about which Mr. Laird must exercise his own discretion.
We have, &c.
(Signed)
The Earl Russell,
&c. &c.
• No. 148.
↑ No. 183.
‡ No. 191.
ROUNDELL PALMER.
R. P. COLLIER.
ROBERT PHILLIMORE.
§ No. 201.
o 16978-63.
25,--2/85.