CO885-(11-13) — Page 52

5533.

No. 755.

(Hong Kong)

SIR,

FOREIGN OFFICE to COLONIAL OFFICE.

Foreign Office, May 28, 1872.

I AM directed by Earl Granville to acknowledge the receipt of your letter of the 13th instant, upon the subject of a question which has arisen between the Governor of Hong Kong and the Spanish Consul in that Colony, relative to the claim of the latter to administer the effects of a Chinese who had died on board the Spanish vessel "Altagracia" on the high seas while on a voyage from Havana to Hong Kong.

In reply I am to state to you, for the information of the Earl of Kimberley, that Lord Granville has consulted the Law Officers of the Crown with reference to this question, and his Lordship is advised that the law upon the subject of foreign consuls and their privileges, and especially the claim to administer to the effects of intestates dying under the supposed jurisdiction of the power of which they are consuls, is very correctly stated by the Attorney General of Hong Kong, and that upon the general subject of consular rights and privileges the opinion of Sir J. D. Harding and the Despatch of the Duke of Newcastle, copies of which were enclosed in your above men- tioned letter, appear entirely satisfactory.

Lord Granville therefore concurs with Lord Kimberley in the opinion that the Colonial Governments should continue to be guided by the general directions given in the circular Despatch from the Colonial Office of August 22nd, 1860.

The Under Secretary of State, Colonial Office.

I am, &c.

(Signed)

E. HAMMOND.

0 16978.-570. 25.-5/86.

PUBLIC RECORD OFFICE

Reference :-

ELEC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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