R
6651
SIR,
No. 75.
(Wei Hai Wei.)
ATTORNEY-GENERAL to COLONIAL OFFICE.
Royal Courts of Justice, February 21, 1901.
I was honoured with your commands signified in Mr. C. P. Lucas's letter of the 5th ultimo, stating that he was directed to transmit for my consideration the draft of an Order in Council which had been prepared by Mr. A. Gray, and which it was proposed to submit for the approval of the late Queen in Council for the exercise of Her Majesty's jurisdiction at Wei Hai Wei.
That the Law Officers of the Crown in their Report of the 22nd February, 1899," on the subject expressed the opinion that Wei Hai Wei was a part of Her late Majesty's Dominions in virtue of cession from China, and recommended that an Order in Council should be passed making provision for the administration of justice therein. That apart from the technical difficulty of putting the Queen's jurisdiction in force in a fresh accession to Her Majesty's Dominions by an Order in Council under the Foreign Jurisdiction Act, it was considered by Her Majesty's Government undesirable for reasons of policy to treat Wei Hai Wei as a part of Her Majesty's Dominions, and it had been decided to follow the precedent of Cyprus in dealing with this territory. That the reasons for adopting this course were as follows:-
Wei Hai Wei was held by Great Britain on the same terms as Port Arthur was held by Russia on the understanding_that it would be handed back to China if, and when, Russia gave up Port Arthur. That in those circumstances the incorporation of the territory of Wei Hai Wei in the British Dominions would create a precedent which would probably be followed by other Powers who had leased territory from China. Moreover, that an Agreement had just been concluded between Great Britain and Germany, in accor dance with which both Powers undertook not to make use of the present complications to obtain for themselves any territorial advantages in China. That the present time, there- fore seemed especially inopportune to make any change at Wei Hai Wei.
That a printed copy of Minutes exchanged between the Marquess of Salisbury, Mr. Bertie, Assistant Under Secretary of State for Foreign Affairs, and Mr. Davidson, Q.C., Legal Adviser to the Foreign Office, when the question was under consideration by that Department in May, 1899, was enclosed for my confidential information.
J
That the draft Order transmitted was accordingly drawn up under the Foreign Jurisdiction Act, 1890, and was on the general lines of the Cyprus Order in Council of September 14th, 1878. That the alterations indicated in the margin of the Draft were the subject of a letter addressed by the Colonial Office to Mr. Albert Gray, and of his reply.
That both of those papers were enclosed.
That Mr. Lucas was to request that I would take this draft. Order into my considera- tion, and advise,
(1) Whether its terms were fit and proper for the purpose intended, and,
(2) If not, what alterations should be made therein.
That you would also be glad to be favoured with any general observations which I
might desire to offer on the subject.
and
In obedience to your commands, I have the honour to
Report-
That in my opinion the draft Order in Council as altered† and initialled by me, is fit proper for the purpose intended.
The Right Hon. Joseph Chamberlain, M.P.,
&c.,
&c.,
• No. 207A in Vol. V.
&c.
1 have, &c.,
R. B. FINLAY.
The alterations are shown in the draft Order attached to 6651.
C
9166-25-5,1901 W 352 D & S
5
PUBLIC RECORD OFFICE
Reference:-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
t.