2212.
MY LORD,
No. 37.
(Hong KoNG).
LAW OFFICERS to FOREIGN OFFICE.
Royal Courts of Justice, February 7, 1885. WE are honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 5th instant, stating that he was to transmit a copy of a letter which your Lordship had caused to be addressed to the Colonial Office on the subject of the export of arms and munitions of war from Hong Kong to China, and that Sir Julian Pauncefote was also to enclose a letter from that Department in which the inquiry was made whether Australian coal in British ships consigned to other than Chinese merchants would be jeopardised on a voyage to a Chinese Treaty Port, in view of the recent decision of the French Government to exercise the right of search on the high
seas.
That our opinion was requested as to the reply to be made to that inquiry.
In obedience to your Lordship's commands we have the honour to
Report
That in 1859, and again in 1870, France declared coal not to be contraband of war. England in 1870 considered that its character was to be determined by its destination, though she refuses to class it, as a general rule, as contraband. Thus vessels were, during the war of 1870, prohibited from sailing from English ports with coal directly conveyed to the French fleet in the North Sea.
Coal is so largely used for innocent purposes that no sufficient presumption that it is intended for warlike use is afforded by the simple fact of its destination to a belligerent port.
We think therefore that where coal is being conveyed in the ordinary course of business, consigned to a merchant at a belligerent port, it ought not to be regarded as contraband of war.
But if its use for warlike purposes is extremely probable, as by its consignment to
a Naval Arsenal or station, it might be regarded as contraband.
It does not seem likely, having regard to the view on this subject which has hitherto been insisted upon by France, that she will take an extreme view upon the subject.
The Right Hon. Earl Granville, K.G.
We have, &c.
(Signed)
HENRY JAMES. FARRER HERSCHELL. J. PARKER DEANE.
▲ 15997.-8. 35.--12/85.
PUBLIC RECORD OFFICE
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C.O.
Reference :-
885
13 PUBLIC RECORD OFFICE, LONDON
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