CO885-(11-13) — Page 443

PUBLIC RECORD

OFFICE

༄། ༴། ། ། 5།

بلاس

C.O.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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

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MY LORD,

No. 196a.

(CYPRUS.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, March 21, 1879.

We were honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 14th February ultimo, stating that he was directed by your Lordship to transmit to us the accompanying despatches from Her Majesty's High Commissioner in Cyprus touching the position of ships owned by natives of that Island, and requesting instructions on the subject.

That your Lordship proposed, with our concurrence, to inform Sir Garnet Wolseley that natives of Cyprus not being British subjects they are not entitled to have their ships registered as British ships under the Merchant Shipping Act of 1854, 17 & 18 Vict. cap. 104, sec. 18, and consequently that their ships remain Turkish ships, and (subject to our reply to a subsequent question) as such must carry the Turkish flag.

That your Lordship would be glad to be informed whether we concur in the above reply to Sir Garnet Wolseley's inquiry, and also to be favoured with our opinion as to how far the Legislature of Cyprus was competent to deal with ships owned by natives of Cyprus; for instance, whether a local Ordinance could properly be passed in the nature of a Cypriot Merchant Shipping Act which should regulate the registration of Cypriot vessels and assign to them a distinctive flag, and contain suitable provisions as to the transfer of ownership, discipline, and other matters usually dealt with in Acts and Ordinances for the regulation of merchant shipping; whether such legis- lation would require the assent of the Porte, whether the Ordinance could render justiciable by the Courts of Cyprus offences committed on board Cypriot ships on the high seas or beyond the limits of Cyprus irrespectively of the nationality of the offender; and whether British protection could be extended to Cypriot ships with the consent of the Porte in Turkish waters, and with or without the consent of the Porte, in all other parts of the world.

Sir Julian Paunceforte in a postscript stated that he was to transmit to us a copy of the Convention of the 4th June last, assigning Cyprus to be administered by Great Britain, and of an agreement giving Her Majesty the Queen legislative and other powers, and a copy of Her Majesty's Order in Council of the 14th September 1878, establishing the Legislature of Cyprus.

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

Report

That we concur in your Lordship's opinion that natives of Cyprus are not entitled to have their ships registered as British ships, and that they remain Turkish ships, and must carry the Turkish flag.

Referring to Conventions of the 4th June and 14th August 1878, and the Order in Council, 14th September 1878, we are of opinion that an Ordinance purporting to operate outside the Island cannot properly be passed in the nature of a Cypriot Merchant Shipping Act regulating the registration of Cypriot vessels, assigning them a distinctive flag, or containing any provisions as to the transfer of ownership, discipline, and other matters.

Cypriot ships, in our opinion, remain Turkish ships. and any change in reference to them which the British occupation and administration of Cyprus may make desirable should be made by the Porte.

Offences committed by any person on board Cypriot vessels within the waters of Cyprus may be rendered justiciable by the Court of Cyprus, since those offences concern the peace, order, and good government of the Island, and the Island could not be administered unless offences so committed were justiciable by the constituted Courts of the Island.

▲ 30491.-14. 25.-6/86.

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