CO882-(6-8) — Page 402

44

Lord Lansdowne would be glad to be favoured with any observations which the Army Council may wish to make on the accompanying papers.

It is requested that the enclosures to the Colonial Office letter, which are sent in original, may be returned to this Office with your reply.

I am; &c.,

45

it. In view of the delay which has elapsed it would seem undesirable now to amend the Ordinance, which has been in operation for so long without any difficulties being raised. I will, however, for the time being, tender no advice to the King in respect of it.

I have, &c.,

ALFRED LYTTELTON,

PUBLIC RECORD OFFICE

Reference :--

TLC.O. 882

سلسلينيا

8

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

The Secretary

to the Army Council.

Enclosure 2 in No. 80.

WAR OFFICE to FOREIGN OFFICE.

(027/126. (A.G. 3.))

SIR

War Office, London, S.W., February 20, 1905. WгTH reference to your letter of the 10th January, 1905, regarding the Ordinance and Regulations which it is proposed to issue in Hong Kong in connection with the internment, in that Colony, of refugees from the Japanese or Russian forces, I am commanded to acquaint you that the Army Council concur in the opinion, expressed by the Secretary of State for Foreign Affairs, that it would be a mistake to impose hard labour on a soldier or sailor who tries to escape from his internment and is recaptured.

2. With regard to Clause 3 of the Regulations made by the Governor of Hong Kong, the Army Council are of opinion that it is not within the powers given to the Governor by the Ordinance. Under Clause 4 the Governor has the power of making regulations defining offences and imposing punishments for breach of the regula- tions, but there is no power to take the persons concerned out of the operation of the ordinary civil law, and the enforcement of all such regulations must rest with the Civil Courts. Assuming, however, that this difficulty could be got over by amendment of the Ordinance, the Army Council concur with Lord Lansdowne that it is undesirable to impose military law upon persons in the position of these internect

men.

3. These interned persons are subject to the Civil Courts in the same way as any other persons are, who are in the Colony; but if it be necessary, for the purpose of establishing order and discipline, that certain further offences should be created, which would not be offences according to the civil law of the Colony, and that certain summary penalties should be imposed for the committal of any such offence, the Army Council are of opinion that these offences should be specifically laid down and defined by the Governor's regulations, together with the penalties to be imposed in each case, which should be enforceable by the ordinary civil tribunals.

1 am, &c.,

The Under-Secretary of State, Foreign Office.

6532

No. 81.

E. W. D. WARD:

MR. LYTTELTON to GOVERNOR SIR M. NATHAN. [Copy to Foreign Office, March 11, 1905. L.F]

(Confidential.)

Downing Street, March 8, 1905.

SIR,

I HAVE the honour to acknowledge the receipt of your despatch, No. 348, of the 23rd of September,* forwarding, for the signification of His Majesty's pleasure, a transcript of Ordinance, No. 7, of 1904, entitled "An Ordinance to regulate the. internment of refugees belonging to the Russian and Japanese forces."

2. I enclose, for your information and guidance, copies of correspondencet with the Foreign Office on the subject of this Ordinance and of the regulations made under

• No. 50.

† Nos. 54 and 80.

9092

SIR,

- No. 82.

TREASURY to COLONIAL OFFICE.

(Received March 22, 1905.)

[Copy to Governor, April 12, 1905. Confidential. L.F.]

[Ansicered by L.F.]

Treasury Chambers, March 22, 1905. IN continuation of my letter of the 23rd ultimo,* I am directed by the Lords Commissioners of His Majesty's Treasury to transmit to you herewith, to be laid before Mr. Secretary Lyttelton, a copy of a letter, dated the 8th instant, which they have received from the War Office further respecting the question of recovering hospital stoppages from the members of the crew of the Russian destroyer "Burni," interned at Hong Kong.

My Lords agree with the Army Council that it would be satisfactory if the full cost of the issues made to such men in hospital could be recovered; but it is not impossible that the Russian Government might object to refund such cost if they were at the same time charged with the full pay of the men. I am, therefore, to suggest that the Secretary of State should cause the local representative of the Russian Govern- ment to be consulted, with a view to arranging for the recovery of the full cost of issues, subject to such stoppages of pay as that Government may deem requisite.

G. H. MURRAY.

I am, &c.,

Enclosure in No. 82. WAR OFFICE to TREASURY.

(027/146 (Q.M.G. 6).)

SIR,

War Office, London, S. W., March 8, 1905. I AM, by command of the Army Council, to acknowledge the receipt of Treasury letter of the 23rd ultimo, No. 1829/05, and in reply to acquaint you, for the informa- tion of the Lords Commissioners of His Majesty's Treasury, that in certain cases in the past when sailors of foreign navies have had to be admitted into hospitals at British military stations, no charge has been made on them, and consequently it was decided not to recover hospital stoppages from the members of the crew of the Russian destroyer "Burni," interned at Hong Kong. As, however, it is understood that the intention in this case is to recover from the Russian Government the actual expenses incurred in connection with the detention, it does not appear to matter financially whether a stoppage is made from the men's pay or not, provided that in either case the actual cost of the issues made in hospital is recovered from the Russian Government.

Instructions were sent by cable to the General Officer Commanding, Hong Kong, on the 5th January last, that free treatment might be given to the men in question. If their Lordships so wish, instructions will now be cabled that the hospital stop- page of 7d. a day ordinarily enforced from British soldiers is to be made; though it would appear to the Army Council that this is perhaps a matter which might be left to the discretion of the local authorities. In any case the Army Council propose to inform the General Officer Commanding at Hong Kong that the Paymaster should

• No. 79.

46,

take steps to include the full cost of the issues made to such men in hospital in the claims which will be put forward for recovery from the Russian Government.