CO885-(10-11) — Page 170

8820.

PUBLIC RECORD OFFICE

Reference :-

TTILLC.O.

885

10

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

PUBLIC RECORD OFFICE, LONDON

No. 130.

(Hong Kong.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, August 22, 1862. MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Layard's letter of the 9th August instant, stating that he was directed by your Lordship to transmit to us the accompanying correspondence which had passed between your Lordship and the United States Minister at this court relative to the circumstances under which the United States steamer "Saginaw" bad been required to quit the harbour of Hong Kong in compliance with the terms of Her Majesty's proclamation of the 31st of January last, of which a copy was likewise enclosed, and to request that we would take the same into our consideration, and favour your Lordship with our opinion thereupon.

In obedience to your Lordship's commands we have taken these papers into our consideration, and have the honour to

Report

That the rules issued on the 31st January 1862 did not come into operation at Hong Kong till after the expiration of six days from the date of the "notification and publication thereof by the Governor of that Colony; and if the fact be, as stated in Mr. Adams' letter of the 28th July, that the " Saginaw" had arrived at Hong Kong more than a fortnight before the issue of the Governor's proclamation, an error was. committed in applying to that vessel the 3rd Rule, which is only applicable to the case of a ship entering a port, roadstead, or waters belonging to Her Majesty, after the issue of the notification in the particular country, colony, or dependency to which such port, roadstead, or waters may appertain.

Whether it will be expedient or proper for Her Majesty's Government to recall or modify the rules of the 31st of January, so far as relates to the China Seas, is a ques- tion of policy, on which we do not understand that we are called upon to express any opinion.

The Earl Russell, &c. &c.

We have, &c. (Signed) WM. ATHERTON.

ROUNDELL PALMER.

o 16278.-32.

25,-9/86.

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