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PUBLIC RECORD

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885

12 PUBLIC RECORD OFFICE, LONDON

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

Report

That, in our opinion, by international law Her Majesty's Government is under the obligation to take precaution that no ship be within Her Majesty's dominions built or equipped with the intent that it shall be employed in the military or naval service of any foreign Power against any foreign belligerent Power with whom Her Majesty shall not then be at war.

This obligation can be fulfilled only by a watch being kept over vessels of war building in this country, and the proper officers may be instructed to exercise this duty of watching and reporting upon the construction of all vessels of war in private yards within Her Majesty's dominions which there is any reason to suspect may be in course of building or equipment for any foreign Power which is at war.

No doubt the exercise of this obligation and duty might be vexatious, and possibly to some extent and in a sense mischievous, to the trade of the country, and therefore directions should be given to the officers employed that they are not in any way to interfere with the building of ships, but to confine themselves to the making their reports to the proper quarter from time to time.

We therefore see no objection to your Lordship's informing the Treasury of the course which you propose to take, and adding, that on receiving any intelligence of an intended or suspected violation of the Foreign Enlistment Act you will request an explanation from the Representative of the belligerent State for whose service the vessel is believed to be in course of construction or equipment, or to be intended to be dispatched.

Earl Granville.

We have, &c.,

(Signed)

HENRY JAMES. FARRER HERSCHELL.

J. PARKER DEANE.

7631.

No. 250.

(CYPRUS.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

We were honoured with your Lordship's commands, signified in Mr. Wingfield's

Temple, 28th April 1881. letter of the 17th ultimo, stating that, in accordance with the advice given in our report of the 8th of January, he was now directed by your Lordship to submit to us the accompanying draft of an Order in Council, which had been prepared by your Lordship's direction to secure the observance of the duties of neutrality in the island of Cyprus.

That we would observe that sections 1 to 5 inclusive of the draft concerning re- cruiting in the island in times of peace had been adopted from the Indian Foreign Recruiting Act No. 4 of 1874, and that, in accordance with our advice, the word "foreign" had been omitted from before the word "State" in that and other parts of the draft, so as to provide for the case of recruiting or some actual infraction of neutrality in Cyprus on behalf of Turkey as well as of any other State, and that the definition of the word "State" had by section 30 of the draft been framed with a view to securing the same object.

That the remaining sections of the draft had been adopted from the British Foreign Enlistment Act of 1870 (33 & 34 Vict. c. 90.), with the alterations which seemed to your Lordship to be necessary to meet the circumstances of the case and to be in accordance with the opinion expressed in our above-mentioned report.

That thus the word "foreign" had been omitted throughout, and in section 6 of the draft, which corresponded to section 4 of the Foreign Enlistment Act, the offences created by the section were confined to acts done within the island of Cyprus, and for "British subject" had been substituted the expression "person being a native of Cyprus or domiciled there."

That the expression "Court" in the draft was by section 30 defined to be the High Court of Justice.

That in deference of the opinion expressed in our report the first part of section 5 of the Foreign Enlistment Act had been omitted from the draft, but the latter part of that section had been adopted as section 7 of the draft, lest section 6 of the draft should be evaded.

That the expression "ports or waters of Cyprus" in section 8 of the draft was defined in section 30. That from section 9 of the draft had been omitted, in accor- dance with our advice, any provision corresponding to sub-section 2 of the first part of section 7 of the Foreign Enlistment Act, and that for the "two justices of peace or magis- trate having the authority of two justices of the peace" provided by sub-section 2 of the latter part of section 7 of the Act there had been substituted in section 9 of the draft the deputy commissioners of the High Court of Justice, who are the district commissioners in each administrative district of the island, and appeared to your Lordship the officers most fit to be entrusted with the duties contemplated.

That sections 8, 9, 10, 11, 12, and 13 of the Foreign Enlistment Act had been adopted, with such slight necessary alterations only as seemed necessary, as sections 10, 11, 12, 13, 14, and 15 respectively of the draft.

That in clause 16 of the draft, corresponding to section 14 of the Act, reference was necessarily made to the Act so as to provide for the restoration of a prize brought into Cyprus waters which had been illegally made either under the provisions of the Order in Council or under those of the Act.

That section 17 of the draft corresponded to section 15 of the Foreign Enlistment Act.

That sections 16, 17, and 18 of the Act were omitted from the draft; that the first two seemed unnecessary, and it would not be competent for the Queen by an Order in Council or for the local Legislature by Ordinance to make provision in the nature of the latter.

That by section 18 of the draft all proceedings had under it were to be in the High Court of Justice, and section 19 gave to that Court certain additional jurisdiction in matters brought before it under the provisions of the Order.

▲ 12916.-283. 25.-12/84.