MY LORD,
No. 185b.
(CYPRUS.)
LAW OFFICERS to FOREIGN OFFICE.
We were honoured with your Lordship's commands, signified in Sir Julian
Temple, November 11, 1878. Pauncefote's letter of the 28th October ultimo, stating that he was directed by your Lordship to transmit to us the accompanying telegram from Her Majesty's Acting Agent and Consul-General in Egypt, informing your Lordship that a native of Cyprus, accused of being concerned in the death of an Ottoman subject, had been brought before the Consular Court of Alexandria, and asking whether he was to be considered as amenable to its jurisdiction.
Sir Julian Pauncefote was also to transmit to us, as bearing on the question- Copy of the Convention of the 4th June last, assigning Cyprus to this country; Copy of an Agreement giving Her Majesty the Queen legislative and other powers with respect to that Island;
A Memorandum drawn up in the Foreign Office on a telegram, also enclosed, from Her Majesty's Minister at Athens, inquiring whether natives of Cyprus were entitled to British protection beyond the limits of their Island, and your Lordship's reply to that telegram.
Sir Julian Pauncefote further stated a collection of the Commercial Treaties between Great Britain and Turkey, at page 39 of which would be found the Xth Article of the Treaty of the 5th January 1809, stipulating that British protection should not be granted to Ottoman subjects without the permission of the Porte.
That, lastly, a copy of Her Majesty's Order in Council of the 12th December 1873, regulating the exercise of Her Majesty's jurisdiction in the dominions of the Porte; that we would observe that, by sections 16 and 262 of that Order, provision was made for the registration of persons enjoying British protection, and for the exercise of criminal jurisdiction over them.
That it did not appear that the accused in this case had ever obtained registration as a protected person.
Sir Julian Pauncefote was pleased to request that we would take these papers into our consideration, and favour your Lordship, at our earliest convenience, with our opinion as to the answer which should be given to Mr. Lascelles' inquiry.
Further despatches were forwarded to us in a note from Mr. Philip Currie, dated the 5th November instant.
In obedience to your Lordship's commands, we have the honour to
Report
That, in our opinion, natives of the Island of Cyprus are not protected subjects of the Queen in Egypt, or in other parts of the Ottoman dominions beyond Cyprus, or in foreign countries and beyond the limits of the Island, and the native of Cyprus accused of being concerned in the murder of an Ottoman subject is, therefore, not amenable to the jurisdiction of the Consular Court in Egypt.
We form this opinion upon the terms of the Convention and the Agreement of the 14th August.
If, however, the Ottoman subject has been, by the permission of the Porte, expressly placed under British protection, and registered under Article 16 of the Order in Council, we are of opinion that he is amenable to the Consular jurisdiction.
The Right Hon. the
Marquis of Salisbury, K.G.
We have, &c., (Signed)
JOHN HOLKER. HARDINGE S. GIFFARD.
J. PARKER DEANE.
A 20491.-11. 25-6/86.
PUBLIC RECORD OFFICE
Reference :-
TINCO.
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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