PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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No. 199a.
(CYPRUS.)
LAW OFFICERS to FOREIGN OFFICE.
Temple, April 23, 1879.
MY LORD,
We are honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 24th February last, stating that the question of judicial reform and reorganisation for the Island of Cyprus had for some time past occupied the attention of Her Majesty's Government, and that he was directed by your Lordship to transmit to us the enclosed printed memorandum which had been drawn up for the purpose of submitting, in a more convenient form, for our consideration and advice, a project of legislation to make provision for the establishment of a Supreme Court in Cyprus, and of District Courts in the several divisions of the Island, and for regulating the law to be administered therein, and the procedure to be followed.
That a list of papers accompanying that letter was enclosed, and Sir Julian Pauncefote was to request that we would favour your Lordship with our opinion on the various proposals referred to in the memorandum.
In obedience to your Lordship's commands, we have the honour to
Report
That as, unfortunately, whilst the papers relating to the Ordinance for the "Establish- ment of a High Court of Justice in Cyprus," were under our consideration, a state- ment was made in the House of Commons that the Ordinance was issued, and copies of it were laid before both Houses of Parliament, it will be now of no avail to suggest that any alterations should be made in the provisions which such Ordinance contains.
We may, however, observe that the only serious objection, founded on principle which can, in our opinion, be made to the Ordinance, arises upon the 10th paragraph. Upon the subject of that paragraph and the alteration involved in it, it is impossible not to observe that two very different views may be entertained. would probably be urged that the capitulations are not to be regarded so much as In favour of it it actual treaties between nation and nation, as licences granted by the sovereign power of the Porte, and necessarily determinable when that Government parted with legislative and judicial authority. On the other hand it would be contended that Her Majesty has no right to subject to the jurisdiction of the Courts in Cyprus the subjects of States having capitulations or treaties with the Sultan.
It will be urged that the Sultan himself could not, in breach of his obligations, have assumed the jurisdiction now sought to be imposed upon the natives of foreign States, and that by transferring the administration to Her Majesty he gives no new power, and that Her Majesty must take the administration of the Island subject to existing obligations.
We do not think it can be said that either view can be laid down with absolute certainty, though the former view alone is that upon which the 10th paragraph could be justified.
We have, &c.,
(Signed)
The Right Hon. the Marquis of Salisbury,
&c.
&c.
JOHN HOLKER. HARDINGE S. GIFFARD.
J. PARKER DEANE.
30491.-15. 25.-6/86.
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