CO885-(11-13) — Page 472

PUBLIC RECORD OFFICE

Reference :-

LICO.

885

MY LORD,

No. 213a.

(CYPRUS.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, January 16, 1880. We are honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 24th ultimo, stating that with reference to the last paragraph but two of his letter of the 19th ultimo, respecting the status of the man Sarvas Christodoulos, sentenced to death by the High Court of Justice in Cyprus, he had the honour to transmit to us, by direction of your Lordship, a copy of the treaty of the 27th of May between Greece and Turkey, the 23rd Article of which stipulated that no subject of one of the contracting parties should be withdrawn from the legitimate authority of the other or be protected by passports or patents.

We are also honoured with a letter from Sir Julian. Pauncefote, dated the 31st ultimo, stating that he was directed by your Lordship to acknowledge the receipt of our report of the 29th ultimo,* respecting the trial before the High Court of Justice in Cyprus of the man Sarvas on a charge of murder, and expressing our opinion that, assuming the accused to be an Ottoman subject, the trial was not warranted by law.

That Sir Julian Pauncefote was to state to us that your Lordship would be glad if we would have the goodness to favour you, for the future guidance of the Government of Cyprus, in cases between Ottoman subjects and persons of other nationalities, with our opinion on the second question laid before us in his (Sir Julian Pauncefote's) letter of the 19th ultimo, namely, whether, assuming Sarvas to have been properly treated as an Hellenic subject, his trial before the High Court was warranted by law, having regard to the provisions of sections 10 and 108 of the High Court of Justice Ordinance.

That Sir Julian Pauncefote was to return to us, for convenience of reference, the papers enclosed in his above-mentioned letter, and to add to them the accompanying further despatch, since received from Her Majesty's High Commissioner in Cyprus, enclosing copies of the record of proceedings in the case, and of the notes of evidence given before the High Court of Justice, and that he was to request that we would favour your Lordship with any observations which we might have to make thereon.

That, in the meanwhile, the High Commissioner had been instructed by telegram to report fully on the nationality of Sarvas.

We have also to acknowledge the receipt of a further letter from Sir Julian Pauncefote, bearing date the 13th instant, stating that with reference to his letter of the 31st ultimo, asking to be favoured with our opinion on the construction of sections 10 and 108 of the Ordinance establishing the High Court of Justice in Cyprus, he was directed by your Lordship to transmit to us therewith copy of a telegram which had been received from General Biddulph, Her Majesty's High Commissioner in that Island, asking how he should proceed in the case of a British subject charged with a criminal offence against an Ottoman subject, and that, in reply, General Biddulph had been informed by telegram that the point in question was under our consideration, and that instructions would be sent to him upon receipt of our report.

That Sir Julian Pauncefote was to request that we would be good enough to take the matter into consideration and to favour your Lordship at our earliest convenience with our opinion as to the reply which should be sent to General Biddulph's inquiry.

We are also honoured with a further note from Sir Julian Pauncefote, dated the 15th instant, enclosing further papers with reference to the question then before us.

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

Report

That we have carefully considered the terms of the capitulations between Turkey and various foreign States, and have come to the conclusion that, notwithstanding

▲ 90491.-23. 95. 6/86.

• No. 212a.

12 PUBLIC RECORD OFFICE, LONDON

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