CO882-(1-2) — Page 262

PUBLIC RECORD OFFICE

Reference :-

C.O. 882

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PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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8 & 9 Vict., c. 89, sec. 6, the power of granting Mediterranean passes was considerably restricted in certain points.

do

But this section was expressly repealed, not know why, by the "Customs Act" of 1849, 12 & 13 Vict., c. 90, sec. 28.

After which, the power of granting these passes

seems to have rested on prerogative and usage, as before.

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In 1850 a new Order in Council was passed, which still appears to subsist, and empowers the Governor of Gibraltar to issue "certificates or other papers to or in favour of any vessel "which is duly regis- tered at Gibraltar, or which belongs to persons actually residing at Gibraltar, and entitled to be owners of British ships there registered, for the purpose of investing with a national character, or placing under Her Majesty's protection, such vessel."

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As no one except a British-born or naturalized subject could be “owner of a British ship under the "Navigation Act" of 1849, this restricts the "ownership" of vessels entitled to Mediterranean passes to the same classes of persons.

The Ordinance of Hong Kong goes a considerable "British step farther, in authorising persons not

subjects," but Chinese registered owners of leases,

to

own vessels holding a "Colonial register," which seems quite analogous to a "Mediterranean pass."

This is in pursuance of the policy imposed on us by the Circumstances of Hong Kong, widely different

from those of Gibraltar or Malta.

Whether the Crown could, by Order in Council, grant such a right to aliens, I will not undertake to say, though (in ceded and conquered Colonies) I know of no reason for doubting it.

But, however this may be, it seems to me that a Colonial Legislature can unquestionably do so under the powers of the Aliens Act, 10 and 11 Vict., cap. 83, sec. 2, empowering Colonial Legisla. tures" to grant to any person or persons the privi leges, or any of the privileges, of naturalization within the limits of such Colonies." Under this

• Malta the same.

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Act aliens in general have been expressly empowered to take and hold real property in Hong Kong (by Ordinance No. 2 of 1853, submitted to and approved

by the English law advisers).

I do not at present see in what respect the Merchant Seaman's Act of 1854, 17 and 18 Vict., cap. 104, can be held to have overruled the provisions

of the Hong Kong Registration Ordinance (which was passed apparently before it came into effect). That Act no doubt makes provisions as to the registration of British vessels, and requires, among other things, that the owner shall be British. But it does not profess to repeal the several existing Orders in Council, laws, &c., under which the British protection is given to vessels not enjoying complete British registration, such as the vessels sailing with Mediterranean passes, vessels with Hong Kong Colonial registers, and (as we are informed) with local, Singapore, &c., papers.

February 16, 1857.

H. M.