11479
PUBLIC RECORD OFFICE
C.O. 8
Reference :-
No. 215.
(GENERAL.)
FOREIGN OFFICE to COLONIAL OFFICE.
[Russo-Japanese War: Suggested Legislation by Order in Council in British Pro- tectorates to ensure the observance of Neutrality.]
SIR,
Foreign Office,
March 29, 1904.
I AM directed by the Marquess of Lansdowne to acknowledge the receipt of your letter of the 25th instant, relating to suggested legislation by Order in Council in British Protectorates with a view to ensuring the observance of neutrality during the war between Russia and Japan.
I am to state in reply, that, as Mr. Secretary Lyttelton is doubtless aware, this question was discussed at a Conference between representatives of this Department and of the Colonial Office and His Majesty's Solicitor-General on the 17th ultimo, when the latter expressed the view that, as Imperial legislation is not, at present. within the range of practical politics, it would be objectionable from the point of view of symmetry and congruity to legislate for Crown Colonies by Ordinance, or for Protectorates by Order in Council.
I am to add that Lord Lansdowne has since received the considered opinion of the Law Officers of the Crown to the effect that, having regard to all the circum- stances of the case, such legislation would be inadvisable.
A copy of Departmental Minutes ring on the matter is enclosed for Mr. Lyttelton's confidential information.
The Under Secretary of State. Colonial Office.
I am, &c.,
CHARLES HARDINGE.
885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO |
MEMORANDUM BY LAW OFFICERS. (B.)
The rules apply to all coal. The vessel is admitted only on terms of complying with the Regulations, and we think that in practice this will be found sufficient without Imperial legislation to prevent coal being taken on board in excess of the Regulations.
February 25, 1904.
R. B. F. E. C.
The Law Officers consider that, on the whole, it is unnecessary and inexpedient to legislate.
They think Imperial legislation would be practically impossible unless some case of a glaring description, showing its necessity, could be produced; and as Imperial legislation is not at present, at any rate, within the range of practical politics, they consider that it would be objectionable from the point of view of symmetry and congruity to legislate for Crown Colonies by Ordinance or for Pro- tectorates by Order in Council.
This view was originally expressed by the Solicitor-General (the Attorney- General being away recruiting his health at the time) at a Conference at which Mr. Bertram Cox, on behalf of the Colonial Office, and Mr. Hurst and myself were present.
They have since been confirmed by the Law Officers at a Conference which I had with them yesterday, and in a short memorandum (marked " B ") on the supply of coal, and dated the 25th February, 1904.
W. E. D.
Foreign Office.
February 26, 1904.
25 WL
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D & S
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