CO885-(10-11) — Page 683

10765/1885.

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PUBLIC RECORD OFFICE

19

C.O. 885

Reference :-

11 PUBLIC RE

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

OFFICE, LONDON

MY LORD,

No. 545.

(Hong Kowa.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, December 23, 1868. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 12th December instant, stating that he was directed by your Lordship to transmit to us therewith a letter from the Colonial Office enclosing copies of a corre- spondence received from the Governor of Hong Kong, respecting a question which had arisen between him and the French Consul at that port with reference to a riot which had occurred on board the French Messageries steamer "Tigre," as to the right of the Consul to exclusive jurisdiction in dealing with the parties implicated in the disturb- ance on this, and to the general question whether British authorities can or cannot claim jurisdiction in cases of offences committed on board merchant vessels at anchor in British waters; and Mr. Hammond was pleased to request that we would take the correspondence into our consideration, and that we would favour your Lordship with our opinion upon the question at issue.

In obedience to your Lordship's commands we have the honour to

Report

We

That upon the general question submitted to us by your Lordship, whether British authorities can or cannot claim jurisdiction in cases of offences committed on board of foreign merchant vessels at anchor in British waters, we apprehend that there can be no doubt, and that of strict right British authorities may claim such jurisdiction. think, however, that it may deserve your Lordship's attention that France is not the only maritime power which, either on independent views of convenience or under Treaty arrangements with other powers, waives its jurisdiction over foreign merchant vessels within its ports, in matters which concern the internal order of such vessels, in favour of the respective consuls, except in cases where persons who do not form part of the officers and crew of such a vessel, take part in creating disorder, or where such disorder tends to disturb the peace of the port.

It is plain that this jurisdiction, if carried to the limits of extreme right and unrestrained in its exercise by considerations of comity or convenience, might become vexatious and irritating to foreign powers. The appeal of the French Consul for "reciprocity" suggests, as not altogether unworthy of your Lordship's consideration, whether or not it might be desirable to regulate the exercise of this jurisdiction by Conventions such as have been entered into by the United States with most of the maritime powers?

We have, &c. (Signed)

R. P. COLLIER. J. D. COLERIDGE. TRAVERS TWISS.

16978-677. 95.—5j86.

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