PUBLIC RECORD OFFICE
C.O
Reference :-
885
9PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
2
between Russia and Japan, I have the honour to transmit to you a copy of a letter from the Foreign Office, embodying those Rules, together with copies of His Majesty's Proclamation of Neutrality.
I have to request that you will cause both documents to be immediately published throughout the Colony under your government, referring to the Proclamation or Notifications you may have already issued on receipt of my telegraphic instructions on the subject, and that you will not fail to conform to His Majesty's commands.
I have, &c.
ALFRED LYTTELTON.
Enclosure in No. 2.
"THE LONDON GAZETTE EXTRAORDINARY," Thursday, February 11, 1904.
By the KING.
EDWARD, R. & I.
A PROCLAMATION.
WHEREAS we are happily at peace with all Sovereigns, Powers, and States: And whereas a state of war unhappily exists between Ilis Majesty the Emperor of all the Russins, and His Majesty the Emperor of Japan, and between their respective subjects, and others inhabiting within their countries, territories, or dominions:
And whereas we are on terms of friendship and amicable intercourse with each of these Powers, and with their several subjects, and others inhabiting within their countries, territories, or dominions:
And whereas great numbers of our loyal subjects reside and carry on commerce, and possess property and establishments, and enjoy various rights and privileges, within the dominions of each of the aforesaid Powers, protected by the faith of Treaties between us and each of the aforesaid Powers:
And whereas we, being desirous of preserving to our subjects the blessings of peace, which they now happily enjoy, are firmly purposed and determined to maintain a strict and impartial neutrality in the said state of war unhappily existing between the aforesaid Powers:
We, therefore, have thought fit, by and with the advice of our Privy Council, to issue this our Royal Proclamation :
And we do hereby strictly charge and command all our loving subjects to govern themselves accordingly, and to observe a strict neutrality in and during the aforesaid war, and to abstain from violating or contravening either the laws and statutes of the realm in this behalf, or the law of nations in relation thereto, as they will answer to the contrary at their peril:
And whereas in and by a certain statute made and passed in a Session of Parliament holden in the 33rd and 34th year of the reign of Her late Majesty Queen Victoria, intituled "An Act to Regulate the conduct of Her Majesty's Subjects during the existence of Hostilities between Foreign States with which Her Majesty is at Peace," it is, among other things, declared and enacted as follows:-
"This Act shall extend to all the dominions of Her Majesty, including the adjacent territorial waters :-
36
"Illegal Enlistment.
If any person, without the licence of Her Majesty, being a British subject, withiu or without Her Majesty's dominions, accepts or agrees to accept any commission or engagement in the military or naval service of any foreign State at war with any foreign State at peace with Her Majesty, and in this Act referred to as a friendly State, or whether a British subject or not, within Her Majesty's dominions, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any such foreign State as aforesaid-
"He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.
↓
3
"If any person without the licence of Her Majesty, being a British subject, quita or goes on board any ship with a view of quitting Her Majesty's dominions, with intent to accept any commission or engagement in the military or naval service of any foreign State at war with a friendly State, or, whether a British subject or not, within Her Majesty's dominions, induces any other person to quit or to go on board any ship with a view of quitting Her Majesty's dominions with the like intent-
"He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.
"If any person induces any other person to quit Her Majesty's dominions or to embark on any ship within Her Majesty's dominions under a misrepresentation or false representation of the service in which such person is to be engaged, with the intent or in order that such person may accept or agree to accept any commission or engagement in the military or naval service of any foreign State at war with a friendly State-
"He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, raay be with or without hard labour.
"If the master or owner of any ship, without the licence of Her Majesty, knowingly either takes on board, or engages to take on board, or has on board such ship within Her Majesty's dominions any of the following persons, in this Act referred to as illegally enlisted persons, that is to say :-
"1. Any person who, being a British subject within or without the dominions of Her Majesty, has, without the licence of Her Majesty, accepted or agreed to accept any commission or engagement in the military or naval service of any foreign State at war with any friendly State:
"2. Any person, being a British subject, who, without the licence of Her Majesty, is about to quit Her Majesty's dominions with intent to accept any commission or engagement in the military or naval service of any foreign State at war with a friendly State.
•
"3. Any person who has been induced to embark under a misrepresention or false representation of the service in which such person is to be engaged, with the intent or in order that such person may accept or agree to accept any commission or engagement in the military or naval service of any foreign State at war with a friendly State:
"Such master or owner shall be guilty of an offence against this Act, and the following consequences shall ensue; that is to say:-
"1. The offender shall be punishable by fine and imprisonment, or either of such punishments at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour; and
"2. Such ship shall be detained until the trial and conviction or acquittal of the master or owner, and until all penalties inflicted on the master or owner have been paid, or the master or owner has given security for the payment of such penalties to the satisfaction of two Justices of the Peace, or other Magistrate or Magistrates having the authority of two Justices of the Peace; and
"3. All illegally enlisted persons shall immediately on the discovery of the offence be taken on shore, and shall not be allowed to return to the ship.
Illegal Ship-building and Illegal Expeditions.
"If any person within Her Majesty's dominions, without the licence of Her Majesty, does any of the following acts; that is to say:-
"1. Builds or agrees to build, or causes to be built, any ship with intent or know- ledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State; or
"2. Tasues or delivers any commission for any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State; or
"3. Equips any ship with intent or knowledge, or having reasonable cause to
[1185]
B 2