CO885-(10-11) — Page 173

8844.

PUBLIC RECORD OFFICE

Reference :-

LTC.O. 885-

سائنس

PUBLIC RECORD OFFICE, LONDON

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

i

No. 133.

(Hong KoNG.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, September 5, 1862. MY LORD DUKE,

We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 23rd of August ultimo, stating that he was directed by your Grace to enclose the copy of a letter which your Grace had received from the Foreign Office, and to request that we would favour your Grace with our opinion whether the pro- clamation of which a copy was enclosed, if signed by Her Majesty could properly be published in Hong Kong through the Governor of that Colony?

Whether such a proclamation when issued would authorise British subjects to enlist in the military or naval service of the Emperor of China, and would authorise the establishment of a recruiting office by a British subject, either (1) within Her Majesty's dominions, or (2) beyond those dominions?

Whether it would have these effects if merely signed by the Queen, or whether it is requisite that it should be issued with advice of the Privy Council?

Whether the same effect would follow from a proclamation published by the Governor of Hong Kong on behalf of Her Majesty?

Whether if this proclamation could not properly be issued in the manner suggested, we could suggest any other mode of proceeding in Hong Kong, by which the object

of investing the proposed recruitment in the neighbourhood of China with a legal character could be accomplished?

In obedience to your Grace's commands we have taken these questions into con sideration, and have the honour to

Report

That we think the proclamation, of which a copy is enclosed in Sir Frederic Rogers' letter, if signed by Her Majesty may properly be published in Hong Kong through the Governor of that Colony, and that such a proclamation when issued would authorise British subjects to enlist in the military or naval service of the Emperor of China, and would also render lawful the establishment of a recruiting office by a British subject either within or beyond Her Majesty's dominions, subject, however, in the latter case, to the requirements in that behalf (if any) of the lex loci.

At the same time we think it proper to observe that if such a proclamation were published at Hong Kong only, a question might possibly be raised whether it was intended to have operation in other parts of Her Majesty's dominions where it was not published; and that if intended to operate in all parts of Her Majesty's dominions the prudent (and as we conceive the usual) course would be to publish it, not in Hong Kong only, but also within the United Kingdom.

We think that the proclamation will be sufficient for all purposes if signed by Her Majesty or issued and published within the United Kingdom in the manner usual with respect to Royal proclamations; and that it need not be issued with advice of the Privy Council.

We think that the same effects would follow in Hong Kong and its dependencies (but not in other parts of Her Majesty's dominions) from a proclamation published by the Governor of Hong Kong on behalf and in the name and by the authority of Her Majesty.

We have reason for supposing that an Order in Council to be of general operation as regards military service under the Chinese Government has been issued or is in contemplation, and such an order if issued would suffice for all purposes.

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

ROUNDELL PALMER.

His Grace the Duke of Newcastle, K.G.

&c. &c.

&c.

D 16978,--763.

25.-2,86.