2
5. Before any final decision is arrived at with regard to the administration of Wei-hai-wei, my Lords would be glad to have an opportunity of considering the draft of the arrangement proposed, in order that they may have an opportunity of judging whether there are any points to which exception could be taken in the interests of Her Majesty's Naval Service.
40768
(Confidential.)
SIR,
No. 2.
I am,
&c.,
EVAN MACGREGOR.
FOREIGN OFFICE to COLONIAL OFFICE.
(Received December 13, 1900.)
[Answered by No. 5.]
Foreign Office, December 12, 1900. I LAID before the Marquess of Lansdowne your letter of the 30th ultimo,* returning, with amendments, the Draft Order in Council for the exercise of The Queen's jurisdiction at Wei-Hai-Wei, and suggesting that it should now be referred to the Law Officers of the Crown.
His Lordship concurs in the advisability of this course, but considers that it would probably be more convenient that the reference should be made by your Department, in view of the approaching transfer of the Administration of Wei-Hai-Wei to the Colonial Office.
His Lordship would, however, suggest that Mr. A. Gray's observations on the pro- posed amendments in the draft should be obtained before it is submitted to the Law Officers. If Mr. Chamberlain concurs in this course Lord Lansdowne would be glad to have an opportunity of examining Mr. Gray's report and the letter of reference to the Law Officers before the latter is actually sent.
The Draft Order is returned herewith.
40768
No. 3.
I am, &c.,
FRANCIS BERTIE.
42192
SI
8
No. 4.
MR. A. GRAY to COLONIAL OFFICE.
(Received December 26, 1900.)
[See No. 12.]
2, Paper Buildings, Temple, E.C., December 24, 1900. Wrra reference to Mr. Lucas's letter of the 18th December (40788/1900), enclosing, for my observations, a copy of the draft Wei-Hai-Wei Order in Council, with proposed amendments, I have the honour to report as follows:-
I observe that it is not intended to appoint a judge forthwith; and I have accord- ingly suggested an amendment of Article 12, so as to avoid any question whether the High Court can consist of a single member. The amendment renders unnecessary the last words of Article 16.
The intention of the reference to Liu Kung-tau in Article 13 was to enable the Commissioner to appoint an acting judge, not only when the judge might be absent from the territories, but also when he might be employed in a distant place within the territories, and current work had to be done at headquarters. Although at present there may not appear to be any need of such a provision, I think it may be desirable to be prepared for the contingency.
An amendment of Article 32 seems desirable so as to show that the transmission of the judge's notes is intended only when the judge presides at the trial. The other references to the "judge " will apply to the Commissioner by virtue of the definition of judge in Article 2.
I have suggested amendments in Articles 49 and 50, so as to avoid the particular mention of the Registrar," An officer under that title may, if necessary, be appointed
under Article 15.
Provision is suggested for Rules of Court in Article 19, and with respect to appeals to the Supreme Court in Article 76.
The amendments made in the draft Order which accompanied Mr. Lucas's letter, other than those above referred to, appear to me to be proper, having regard to the considerations set forth in Mr. Lucas's letter to the Foreign Office of the 30th November.†
I have, &c.,
A. GRAY.
PUBLIC RECORD OFFICE
Reference -
C.O. 882
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC.
COPYRIGHT PHOTOGRAPH—NOT TO
PUBLIC RECORD OFFICE, LONDON
SIR,
(Confidential.)
COLONIAL OFFICE to MR. A. GRAY.
[Answered by No. 4.]
Downing Street, December 18, 1900. WITH reference to your letter to the Foreign Office of the 16th September, 1899,† forwarding, with observations, the draft of an Order in Council for the Administration of Wei-Hai-Wei, I am directed by Mr. Secretary Chamberlain to transmit to you a copy of further correspondence with the Foreign Office of the draft Order in Council,§ as amended in this Depart-
To Foreign Office, Nov. 30. Foreign Office, Dec. 12.
on the subject, and a print
ment.
2. The amendments which it is proposed to introduce into the draft are explained in the enclosed letter to the Foreign Office of the 30th ultimo;* and I am to ask that you will be good enough, at your early convenience, to furnish Mr. Chamberlain with any observations that you may wish to make upon these amendments, and that you will at the same time indicate any consequential amendments that it may be necessary to make.
I am, &c.,
C. P. LUCAS.
↑ Enclosure 5 in No. 28 in Eastern No. 72.
¡ Not reprinted.
* No. 75 in Eastern No. 72.
1.No. 75 in Eastern No. 72 and No. 2 in this book.
42192
SIR,
December 18, 1900.
No. 5.
COLONIAL OFFICE to FOREIGN OFFICE.
[Answered by No. 6.]
Downing Street, December 28, 1900. In reply to your letter of the 12th instant, I am directed by Mr. Secretary Chamberlain to transmit to you, to be laid before the Colonial Office to Mr. Gray. Marquess of Lansdowne, copies of correspondences with Mr. Gray to Colonial Office, for Wei-Hai-Wei, showing the amendments suggested by Mr. Albert Gray, together with the draft Order in Council
Mr. Gray, and the draft of a letter which Mr. Chamber- lain proposes, with his Lordship's concurrence, to address to the Law Officers on the subject.
December 24, 1900.
2. I am to request that the draft Order in Council may be returned to this department with your reply.
I am, &c.,
C. P. LUCAS.
No. 3.
↑ No. 75 in Eastern No. 72.
t No. 2.
Nos. 3 and 4.
| Not printed.
9611
A
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