PUBLIC RECORD OFFICE
Reference :-
RMC.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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occupation, and no longer, full powers for making laws and conventions for the govern- ment of the island in His Majesty's name, and for the regulation of its commercial and consular relations and affairs free from the Porte's control were vested in His Majesty, and Mr. Bertram Cox was to add that, in your view, the power to appoint Consuls for Cyprus to protect Cypriot commerce and shipping abroad was inconsistent with the doctrine that Cypriot shipping was under the protection of the Porte, and necessarily implied that the shipping was under the protection of the Power by whom the Consul was appointed,
That if the views stated in the two preceding paragraphs were correct you were disposed, whilst acquiescing in the inability of the Legislature of Cyprus to pass a haw purporting to operate outside the island in the nature of a Merchant Shipping Law, to hold that under the pawers reserved to His Majesty by Article V. of the Order in Council of 14th September, 1878, the whole question of the control and protection of Cypriot shipping and commerce, as being conducive to the peace, order, and good govern- ment of the island, might properly be dealt with by Order in Council without the concurrence of the Porte.
That Mr. Bertram Cox was to add that you were informed that there was a strong feeling in Cyprus that the shipping of the island should be regarded as Cypriot in nationality, and should carry an appropriate Cypriot flag, and that this aspiration could only be given effect to if Cypriot shipping were under the control and protection of Great Britain.
That Mr. Bertram Cox was accordingly to request us to take the documents and matters referred to in his letter into our consideration, and to report:-
1. Whether, upon the true construction of the Conventions, the control and protection
of Cypriot shipping was vested in the Porte or in Great Britain?
2. In the event of the previous question being answered in favour of Great Britain, whether provision could be made by Order in Council (and if not by Order in Council, how otherwise) for the following matters during the British administration of the island :-
(a) The establishment of a Cyprus Register for Cypriot vessels, as distinct from
the Register in Cyprus for British shipping.
(b) The introduction of the British red ensign, with a distinguishing badge flag for similar to that adopted for the High Commissioner's flag, as a Cypriot shipping.
(c) The usual merchant shipping regulations, and the punishment of offences
committed on Cypriot ships beyond the limits of Cyprus ?
8. Generally,
We have taken the papers into our consideration, and, in obedience to your commands, have the honour to
Report-
That the power conferred upon His Majesty by the Convention of the 14th August, 1878, of making laws and conventions for the regulation of the commercial and consular relations and affairs of Cyprus free from the l'orte's control appears to us to involve the right on the part of His Majesty to make some provision for the control and protection of Cypriot shipping.
We do not see how effect can be given to this provision of the Convention if for all purposes Cypriot ships are to be regarded as Turkish ships.
We do not concur with the opinion expressed by the Law Officers on the 8th of January, 1881, that a Government at war with Turkey would be entitled to regard vessels belonging to Cypriots as ships belonging to enemy subjects, and we are of opinion that the power to regulate and protect Cypriot shipping free from the control of the Porte is vested in His Majesty by the Conventions.
2. We are of opinion that provision may be made by Order in Council with reference to the matters mentioned in this question. Any such Order in Council would be made rather under the general power of His Majesty to provide by Order in Council for the carrying out of the conventions than under the reservation in paragraph 5 of the Order in Council of 14th September, 1878, which appears to be co-extensive only with the powers delegated to the Cypriot Legislature.
No. 241 in Vol. III.
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With regard to (a), we think that an Order in Council might provide for the establishment of a Cyprus register for Cypriot vessels. By "Cypriot vessels
"1 we under- stand to be meant vessels belonging to native inhabitants of Cyprus.
As to (b), such Order in Council might provide for the introduction of the British red ensign with a distinguishing badge as a flag for Cypriot shipping. The effect of adopting such a flag would amount to a declaration that henceforth vessels flying such a flag were, for all practical purposes, internationally to be considered British vessels. The question of policy involved in such a course is one which requires consideration, having regard to the practice of more than twenty years.
As to (c), we think that provision might be made by Order in Council for the application to Cypriot vessels, though beyond the territorial jurisdiction of Cyprus, of the usual merchant shipping regulations, and of enactments for the punishment of offences committed on board. It appears to be inconsistent with the terms of the Conventions that such vessels, when beyond the limits of Cyprus, should be subject only to Turkish merchant shipping regulations, and to the jurisdiction of Turkish Courts as regards crimes on board.
3. Generally, we have only to add that some caution may be necessary in carrying out the measures suggested in Mr. Bertram Cox's letter to us, having regard to the policy which has hitherto been pursued with regard to Cypriot shipping.
The Right Honourable Joseph Chamberlain, M.P., &c.,
&c.,
&c.
We have, &c.,
R. B. FINLAY. EDWARD CARSON.