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SIR,
No. 161.
(LABUAN.)
LAW OFFICERS to COLONIAL OFFICE.
[Question whether certain vessels of the Rajah of Sarawak should be treated as
"public vessels."]
Royal Courts of Justice,
August 11, 1902. We were honoured with your commands, signified in Mr. C. P. Lucas's letter of the 30th July last, stating that, with reference to our Report of the 1st of August, 1901,* upon the question whether the "Lorna Doone," a vessel belonging to the Rajah of Sarawak and used partially for trading purposes, was entitled to the privileges of a "public vessel," he was directed by you to submit for our consideration the further correspondence noted in the margin which had passed upon the subject.
That from that correspondence it would be seen that the Rajah possessed a number of steamers of small tonnage, all of which, with one exception, were habitually employed for the purposes of trade, though they were stated to be "primarily employed as despatch vessels to keep up communication with const stations, and as transports.
That for all those vessels the Rajah claimed the rights and privileges enjoyed by public ships, and that Mr. Lucas was accordingly to request us to take the further papers into our consideration and to report—
(1) Whether the facts now brought before us were such as to lead to any modifica- tion of our Report of the 1st of August, 1901, as to the status of the "Lorna Doone"?
(2) Whether any of the vessels in question (other than the armed yacht "Zahora ") was entitled to the privileged character of a public ship?
(3) How such vessels should be treated in future if not so entitled ?
We have taken the further papers into our consideration, and, in obedience to your commands, have the honour to
Report-
1 and 2. That we see no reason to modify our Report of the 1st of August, 1901, as
to the status of the "Lorna Doone" upon the facts now brought before us.
We think that, upon the statements made by Sir Charles Brooke, all the ships
1 Meh. mentioned should be treated as public vessels. It appears that all the ships are public property of the State and in their possession, that the Officers hold Commissions from the State and that they are used by the State for public purposes.
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Although the vessels are engaged in trading, we think that, upon the facts here stated, this trading is merely subsidiary to their employment as despatch vessels and as July, transports, and the ancillary use for trading purposes does not deprive them of the 10. to C. character of public vessels. (See the Parlement Belge, L.R. 5 P.D. 192.)
11 July.
We have, &c.,
R. B. FINLAY. EDWARD CARSON.
The Right Honourable Joseph Chamberlain, M.P.,
&c.,
&c.,
&c.
• No. 96.
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