PUBLIC RECORD
OFFICE
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CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 186a.
(CYPRUS.)
LAW OFFICERS to FOREIGN OFFICE.
We are honoured with your Lordship's commands, signified in Sir Julian
Temple, December 4, 1878. Pauncefote's letter of the 3rd instant, stating that Sir Garnet Wolseley, Her Majesty's High Commissioner for Cyprus, was apprehensive that attempts might be made by some turbulent characters of Greek and Levantine nationality to create political agitation in the Island, and he was desirous of being armed with the necessary legal powers to deal summarily with such persons, and to expel them from the Island. That Sir Julian Pauncefote was directed by your Lordship to transmit to us the printed draft of an Ordinance empowering the High Commissioner, with the advice of the Executive Council, to prohibit persons whom he should believe to be dangerous to the peace and good order of the Island from residing therein, and containing such provisions for enforcing the prohibition as appeared sufficient to meet the necessities of the case.
That Sir Julian Pauncefote was to request that we would favour your Lordship with our opinion as to whether the proposed measure might properly be laid before the Legislative Council of Cyprus.
That Sir Julian Pauncefote was to enclose copies of certain Ordinances of the Colonies of Hong Kong and Fiji on the same subject, which contained analogous provisions; also copies of the Order in Council establishing the Legislature of Cyprus, and of the Royal Instructions to the High Commissioner, and of the conventions between Great Britain and the Porte relating to the British occupation of the Island.
That it was desirable that the draft Ordinance, if, in our opinion, it presented no objections in point of law, should be dispatched to Sir G. Wolseley by the mail which leaves London on Friday the 6th instant, and that your Lordship would therefore be glad if we should be able to transmit our report thereon in time for that purpose.
In obedience to your Lorship's commands, we have the honour to
Report
That, in our opinion, the proposed measure is one which may be laid before the Legislative Council of Cyprus not inconsistently with the Order in Council establishing the Legislature of Cyprus, the Royal Instructions to the High Commissioner, and the conventions between Great Britain and the Porte.
But the measure, in many respects, goes beyond the precedents at Hong Kong and Fiji, and gives the High Commissioner very great and arbitrary powers, which, we think, should not be placed in his hands.
The power to remove, without trial, should be confined, in our opinion, to persons who
may have come to Cyprus without ostensible business.
In the case of other persons, if it is deemed desirable to provide that they shall be removed from the Island, the power to remove should be conferred only after they have been tried for and convicted of some offence.
The Marquis of Salisbury.
We have, &c.,
(Signed)
JOHN HOLKER. HARDINGE S. GIFFARD. J. PARKER DEANE,
A
20491.-19. 95.-6/86.
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