14542.
PUBLIC RECORD OFFICE
Reference :-
PELLICO. 885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 264.
(CYPRUS.)
LAW OFFICERS to FOREIGN OFFICE.
See No-234 a
Temple, 21st August 1881.
We were honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 31st July last, stating that by your Lordship's direction he transmitted the accompanying despatch from Her Majesty's High Commissioner in Cyprus (No. 209), submitting for your Lordship's approval a draft contract for a lease of certain mines in that island.
That in view of the intended transfer of the business connected with Cyprus to the Colonial Office, your Lordship referred Sir R. Biddulph's despatch to that Office, and we would see from the enclosed letters" that your Lordship was disposed to think that the granting of mining leases was part of the ordinary administration of the island, which was vested in the Queen by the Convention, and had devolved on the High Commissioner in virtue of the Cyprus Order in Council, but that such power of granting leases must be exercised in accordance with the existing Ottoman law regulating the subject, or of a new law to be passed by the local Legislature established under the Cyprus Order in Council.
That we would observe that the draft contract submitted by Sir R. Biddulph would appear upon the face of it to have been drawn up in the form of an ordinary English mining lease, and not, so far as your Lordship was able to judge, in accordance with the prescriptions of the Ottoman Code respecting mines, which we would find at p. 257 of the accompanying volume.
That on the other hand Lord Kimberley expressed doubts whether, in view of the terms of the Convention of the 4th June 1878, the Queen had acquired such an interest in the mines of the island as the proposed lease purported to transfer, and, if so, his Lordship was disposed to think that an Ordinance of the local Legislature would not meet the difficulty.
That Sir Julian Pauncefote was to enclose copies of the Convention of the 4th June 1878; of the additional Agreement respecting legislation (of the 14th August 1878); of the Order in Council for Cyprus of the 14th September 1878; and of the Royal Instructions to Her Majesty's High Commissioner; and he was to request us to take those papers into our consideration and to favour your Lordship with our opinion—
1. As to whether the High Commissioner could, under the provisions of the above- mentioned Convention and Agreement with the Porte, and of Her Majesty's Order in Council, grant a mining lease in the island of Cyprus.
2. Whether such lease must be in accordance with the existing Ottoman mining laws, or of an Ordinance of the local Legislature, or whether the High Commissioner might, in virtue of clauso 20 of the Order in Council, grant a lease on such terms as he might think fit.
3. Whether a lease granted by the High Commissioner, and otherwise good in law, could validly guarantee possession for a period beyond the British occupation of the island, and whether such a lease would be binding on the Ottoman authorities in the event of the administration of the island being retroceded to the Porte; and
4. Whether the draft contract for a lease submitted by Sir R. Biddulph was one which, subject to our opinion on the previous points, we would advise your Lordship to approve.
In obedience to your Lordship's commands we have the honour to
That-
Report
1. If the matter rested only on the Convention of the 4th June 1878, we think it would be very doubtful, having regard to Articles III. and IV. of the Annex to the Convention, whether the High Commissioner could grant a lease such as that proposed.
• To Colonial Office, June 21, 1880; Colonial Office, July 10, 1880.
▲ 12016.-296. 25.-12,84.
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