mmihúmim
PUBLIC RECORD OFFICE
།།།།།
C.O. 885
Reference :-
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
14 PUBLIC RECORD-OFFICE, LONDON
Attached to 19808/05 F.M.S.
No. 37a.
(BRITISH NORTH BORNEO.)
LAW OFFICERS to FOREIGN OFFICE.
{Protection of Natives and Ships of British Protectorates and Spheres of Influence by Her Majesty's Diplomatic and Consular Representatives abroad.]
Royal Courts of Justice,
MY LORD,
June 8, 1893.
WE were honoured with your Lordship's commands signified in Sir Thomas Sanderson's letter of the 21st March, stating that he was directed to transmit to us a letter of Mr. Richard B. Martin, M.P., in which he inquired whether a citizen of a British-protected State, e.g., British North Borneo, had a right to claim the services and protection of a British Consular officer, exactly as if he were a British subject, for himself and for a ship sailing under the British North Borneo flag.
That in connection with Mr. Martin's inquiry Sir Thomas Sanderson was also to transmit to us the papers noted in the accompanying list.
That on the 7th November, 1881, a Royal Charter was granted to the British North Borneo Company.
That in 1888 separate Agreements were concluded by Her Majesty's Govern- ment with the British North Borneo Company, the Rajah of Sarawak, and the Sultan of Brunei, placing those States respectively under British protection.
That Sir Thomas Sanderson was to direct our especial attention to Articles 3 and 5 of the Agreement with the British North Borneo Company, the former of which provided for the conduct by Her Majesty's Government of the relations between the State of North Borneo and all foreign States, and the latter of which referred especially to commerce and shipping.
That on the 22nd November, 1890, an Order in Council was passed, but was not yet actually in operation, providing for the exercise of Her Majesty's extra-territorial jurisdiction within the dominions and territories of the Sultan of Brunei, but not in British North Borneo or Sarawak.
That Sir Thomas Sanderson was to call our especial attention to the definitions therein of the words "British subject." "foreigner," and "native."
That similar definitions of these words occurred in other recent Jurisdictional Orders in Council, such as "The Africa Order in Council, 1889.'
That Sir Thomas Sanderson was also to inclose a Memorandum by the Legal Adviser to the Foreign Office. Mr.. W. E. Davidson, Q.C., in which various points connected with the subject were discussed.
That the questions raised by Mr. Martin specifically in regard to British North Bornen were to be considered, also in relation to other foreign States under British protection, and were therefore to be decided upon general grounds of policy, as well as in regard to their particular application to British North Borneo; and our opinion was requested upon the following points:-
1. Whether a native of a foreign State under British protection is entitled- (.) To the general protection and assistance of Her Majesty's Diplomatic and Consular officers in foreign countries, excepting in his native country?
(b) To be considered a Britishi-protected person for the purposes of civil and criminal jurisdiction in countries other than his native country, where Her Majesty has extra territorial jurisdiction?
That it was presumed that for all purposes such native was not to be deemed, or to be treated as, a British-protected person in his native country, but as a native thereof.
That a further aspect of the matter had moreover to be considered in relation to the position of "British spheres of influence" such as those recently constituted in Africa, which, although being neither British territory nor British Protectorates. properly so called, were still under the exclusive control of Great Britain, their foreign relations being moreover entirely conducted by Her Majesty's Government.
23 Wt 2445 705 D&S
22021
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