3251.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO
i
MY LORD,
No. 799.
(FIJI.)
LAW OFFICERS to FOREIGN OFFICE.
We are honoured with your Lordship's commands, signified in Lord Enfield's
Temple, March 20, 1873. letter of the 15th instant, stating that with reference to our report of the 14th instant* he was directed by your Lordship to transmit to us the two accompanying letters from the Admiralty, referring for consideration some embarrassing questions which it was suggested might occur to naval officers engaged in the suppression of the kidnapping trade, and he was to request that we would take the papers into consideration and favour your Lordship at our early convenience with our opinion whether it would be advisable to make any modifications, and, if so, what changes should be introduced in the proposed instructions for the guidance of naval officers employed in the suppression of kidnapping, with a view to meet the difficulties pointed out in the enclosed letters.
In obedience to your Lordship's commands we have the honour to
Report
"
That the instructions are framed with reference to "British subjects" and "British vessels," and upon the principle that neither "British subjects lose their nationality or their responsibility to British law by assuming to be Fijian
" nor British vessels subjects or carrying the Fijian flag.
That, in our opinion, the Act passed by the Fiji Legislative Assembly, 14th December 1871, will not relieve British subjects from any liability which they may be under by
British law.
And, consequently--
I. That any officer commanding one of Her Majesty's ships, who meets a vessel on the high seas under the Fiji flag, carrying native labourers without a license, or with a Fiji license only-
(a.) Will, if on boarding her the owners and crew appear to be foreigners or Fijis, immediately quit her. See Instruction No. 26,
(b.) Where the owners appear to be foreigners or Fijis, but some of the crew appear to be British subjects, and the officer has reasonable grounds for suspecting such British subject or subjects to have committed any offence enumerated in the 9th or 10th sections of the Kidnapping Act, or any other felony described in Instruction 82, he may with the consent of the person commanding the vessel, but not by force, arrest such British subject or subjects.
(c.) Where the owners and crew appear to be British subjects, the ship and crew may be detained.
II. By Instruction 9, territorial waters are said to be the waters of any duly recognised State, and by Instruction 8 the powers to be exercised are over British vessels only.
Therefore-
a. In the first two cases, where the vessel in Fiji waters is under Fiji colours, and the owners are foreigners or Fijis, the naval officer will not interfere.
b. Where the vessel in Fiji waters is under British colours, or is reasonably cus- pected of being a British vessel (see Instruction 4) the naval officer will apply for permission of the local authorities to detain, and will detain, her.
We are of opinion, in answering this second branch or head of questions from the Admiralty, that Fiji is a duly recognised State within the meaning of that expression in the Instructions.
III. The naval officer is bound to protect British subjects resident at Fiji when requested to do so by Her Majesty's Consul, or if the case requires his immediate intervention he must do so on his own responsibility, and he must be careful not to offer his protection to any British subject who has committed wrongs in Fiji unless the conduct of the authorities or people in Fiji with respect to the treatment of the
• No. 798.
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16278.-939. 25.-5/86.