22443/98.
HoNG RoNG
No. 98A.
GENTLEMEN,
FOREIGN OFFICE to LAW OFFICERS.
Foreign Office, December 6th, 1895.
I HAVE the honour to transmit to you, by direction of the Marquess of Salisbury, the accompanying letter from Messrs. Harries, Wilkinson, and Raikes (Paper A), respecting the status in Colombia of the Trading Corporation of Enrique. Cortes and Co.
This Corporation is stated to be an English Limited Company registered under the Companies Acts in 1883. It has registered offices in London, where it carries on business, and has correspondents in Colombia and other South American States. The principal members of the Company are stated to be Colombian citizens, and the shares are mainly, if not entirely, held by persons who are not British subjects.
Messrs. Harries, Wilkinson, and Raikes desire to be informed whether, in these circumstances, if civil war should break out, or there should be other disturbance of public order, British protection would be extended to Messrs. Enrique Cortes and Co., and to their property abroad if it should be seized or destroyed.
It will be seen from the accompanying Memorandum and Minutes thereon (Paper B) that in 1872 the Law Officers of the Crown were of opinion that firms established in Turkey were entitled to British protection if the members of the firm were British subjects, but not otherwise (see Report of the 15th October, 1872 (Piper C)), and that the status of foreign companies incorporated under English law was considered by the Law Officers in 1891 in connection with the operation of the most-favoured-nation Article in the Treaty between Great Britain and the Argentine Republic (see Report of the 16th March, 1891 (Paper D)).
These Reports, however, do not exactly meet the point raised by Messrs. Harries, Wilkinson, and Raikes; and I am accordingly to request that you will take the matter into your consideration, and that you will favour Lord Salisbury with your opinion whether Her Majesty's Government may properly protect Messrs. Enrique Cortes and Co., either individually, or as a firm or company, in the circumstances mentioned in Messrs. Harries, Wilkinson, and Raikes' letter.
I am also to request that you will be so good as to advise his Lordship as to the, reply which should be returned to Messrs. Harries, Wilkinson, and Raikes, and that you will favour him with any general observations which you may wish to offer, after consideration of the inclosed papers.
List of Papers.
I have, &c.,
GEORGE N. CURZON.
(A.) Messrs. Harries, Wilkinson, and Raikes
(B.) Memorandum by Mr. Oakes, and Minutes...
(C.) Law Officers' opinion...
(D.) Ditto...
(E) Memorandum by Sir J. Pauncefote (referred to in B)
Report.
November 21, 1895
27, 29.
15, 1872 16, 1891
20, 1883
October March October
In our opinion the principle ought not to be recognised that foreigners, by registering themselves here as a Limited Company, are entitled to claim from Her Majesty's Government the protection afforded to British subjects in foreign countries.
758-25-10/8 t 21618 D&S
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PUBLIC RECORD OFFICE
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C.O.885
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