16,962.
PUBLIC RECORD OFFICE
Reference :-
TILLC.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
MY LORD,
No. 25.
(Hong Kong.)
LAW OFFICERS to FOREIGN OFFICE.
We were honoured with your Lordship's commands, signified in Mr. Currie's
Royal Courts of Justice, 27th September 1884. letter of the 9th instant, stating that our report of the 5th September, relative to the question of the observance of neutrality by this country in respect to the hostilities between France and China had been considered by your Lordship in communication with Her Majesty's Secretary of State for the Colonies; and that Mr. Currie was directed to inform us that your Lordship and the Secretary of State for the Colonies were of opinion that as France and China had both shown a desire that a state of war should not be held to exist, it would, on grounds of policy, be unadvisable to make at present any declaration of neutrality.
That a telegram had accordingly been sent to the Governor of Hong Kong informing him that, in the absence of any declaration of war by either the French or Chinese Government, it was not proposed to issue any formal proclamation of neutrality, but that the provisions of the Foreign Enlistment Act should be strictly observed.
That Mr. Currie was to enclose a copy of that telegram together with our report of the 5th instant, and that he was to request us to be good enough to inform your Lord- ship whether we concurred in the instructions sent to the Governor of Hong Kong, and whether we would under the circumstances consider it advisable so to modify our report as to suspend the adoption of the course recommended by us until one or other of the parties had declared war.
That the papers previously submitted to us were sent therewith for convenience of reference.
In obedience to your Lordship's commands we have the honour to
Report
That isolated acts of hostility may no doubt be undertaken by one nation against another without their being at war, so as to bring into operation all those duties of neutral nations which result from a state of war.
So far as the French Government are concerned it appears that they intend at present their military operations to have this limited character, and the Chinese Government appear also indisposed to declare war.
Under these circumstances, whilst we concur in the instructions sent to the Governor of Hong Kong, it may be that no instructions need be at present sent to the Governor of any other British possession, but it should be understood that any assistance afforded to the actual hostile operations of either belligerent would certainly be very objectionable.
Our report of September 5th did not contemplate any declaration of "neutrality," as appears to be suggested by Mr. Currie's letter of the 9th instant.
We have, &c., (Signed) HENRY JAMES.
FARRER HERSCHELL.
I am still of the opinion given by the Attorney and Solicitor General and myself in our report of the 5th instant, that a state of war now actually exists between France and China, and therefore I am unable to see why on legal grounds different instructions should be sent to the Governor of Hong Kong and to the Governor of any other British Possession, or instructions sent to the Governor of Hong Kong and not to the Governor of any other British Possession, respecting their duties in relation to the state of things existing between France and China.
The Earl Granville.
(Signed) J. PARKER DEANE.
A 15997.-10. 85.-12/85.
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