CO885-(11-13) — Page 516

PUBLIC RECORD OFFICE

To Te Ti

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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

5. That he was also to refer us to the opinion of the late Law Officers of the Crown of the 21st March 1879 upon ships of natives of Cyprus, and to request that we would favour your Lordship with our opinion at our earliest convenience on the following points :-

1. Whether it was competent to Her Majesty by Order in Council or to the Legislative Council of Cyprus by Ordinance to enact for Cyprus provisions founded on the Foreign Enlistment Act, 1870, and the Indian Foreign Recruiting Act, 1874, and whether such legislation could be made applicable to the enlisting in or recruiting for the service of Turkey of nativé Cypriots or Ottoman subjects residing in Cyprus ?

2. If such provisions could be enacted for Cyprus, what amendments of substance

and language, speaking generally, would be required in them?

3. Would a Government at war with Turkey be entitled to treat ships belonging to Cypriots either on the high seas or în its own' ports as ships belonging to enemy's subjects.

That Mr. Wingfield was to add that your Lordship asumed that the Porte was absolutely precluded during the occupation of Cyprus by Great Britain from exacting from Cypriots resident in the island any military service or tax in lieu of service.

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

Report

That we are of opinion that it is competent to Her Majesty by Order in Council or to the Legislative Council of Cyprus by Ordinance to enact for Cyprus provisions founded on the Foreign Enlistment Act, 1870, and the Indian Foreign Recruiting Act, 1874, and we also think that such legislation can be made applicable to the enlisting in Cyprus for the service of Turkey or to the recruiting there of native Cypriots or Ottoman subjects residing in the island.

It appears to us that the power granted to Her Majesty by the Agreement of August 14th, 1878, to make laws for the government of the island authorises such legislative enactments as are necessary to maintain the neutrality of the inhabitants.

2. In substance we think the Indian Mutiny Act, 1874, may be followed with the alteration of including not only "foreign States" but also Turkey, Turkey not being in relation to the Cypriots a "foreign State." The wording of the Order in Council or Legislative Ordinance should forbid recruiting by Turkey as well as by any foreign State. Perhaps this might be carried out by simply omittingthe word “foreign" and wording the definition clause accordingly.

In the Foreign Enlistment Act substantial alterations will be necessary, especially in the 4th and fifth olauses.

In the first place, the word "foreign" should be omitted throughout the Act, and would be well to define the word "State" in a manner similar to the definition of

a "Foreign State" in the Indian Act, but with the necessary modifications.

Again in section 4, the offence created by the earlier part of the section must, like that created by the latter part be confined to acts done "within the island of Cyprus." The Cypriot is not a British subject, and owes no allegiance to British law when outside the island. And instead of the words "being a British subject" there must be substituted some such words as "being a native of Cyprus or domiciled there.” case of British subjects need not be provided for as they are within the provisions The of the existing Imperial Act. Section 5 will require similar modifications, but the earlier part of the section involves considerations of greater difficulty. The offence created by it is founded on the allegiance owed by a British subject, and consists merely in the leaving the dominions of Her Majesty with a particular intent, the act being committed elsewhere.

It is a serious question how far it could with propriety be made an offence for a Turk or a Greek who happened to be domiciled in Cyprus to leave that island with intent to enter the military service of their respective countries.

Section 7 must be so altered as to make it conform to sections 4 and 5.

And provision must be made for substituting some Court in Cyprus and some system of legal procedure there for the Admiralty Court and the procedure provided for by the Foreign Enlistment Act.

We have indicated generally the nature of the amendments which will be requisite, but we need hardly say that the terms of the Order in Council or Ordinance will require very careful consideration.

3. We are of opinion that a Government at war with Turkey would be entitled to regard vessels belonging to Cypriots, as ships belonging to enemy's subjects.

4. We have written the above concurring in the assumption of your Lordship that the Porte is precluded during the occupation of Cyprus by Great Britain from exacting from Cypriots resident in the island any service or tax in lieu thereof.

The Right Hon the Earl of Kimberley,

&c.

&c.

&c.

(Signed)

We have, &c.,

HENRY JAMES. FARRER HERSCHELL.