CO885-(11-13) — Page 660

413.

No. 35.

(NEW SOUTH WALES.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

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

Royal Courts of Justice, 7th January 1885. letter of the 30th ultimo, stating that he was directed by your Lordship to transmit to us copies of a letter from the Colonial Office (with its enclosures) to the Foreign Office, and of the reply from the latter office, respecting the circumstances under which C. M. H. Marcelin, accused of embezzlement, was surrendered in New South Wales to the French authorities.

That our opinion was requested as to whether the doubt expressed in the Foreign Office letter was well founded.

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

Report

That we are of opinion that the delay of 15 days is interposed for the protection of the fugitive criminal, and to give him an opportunity of contesting the propriety of

the proposed surrender, and we think, therefore, that if he desires to be sooner surrendered it may lawfully be done.

We have, &c.,

&c.

&c.

The Right Hon. the Earl of Derby, K.G.,

&c.

(Signed)

HENRY JAMES. FARRER HERSCHELL,

▲ 15987.-13. 35.—19/85.

PUBLIC RECORD OFFICE

गय

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Reference :-

61

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TOPage 661

1947.

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PUBLIC RECORD OFFICE

Reference :-

1

MY LORD,

*

No. 36.

(HONG KONG.-Ceylon.-Straits Settlements.)

LAW OFFICERS to FOREIGN OFFICE.

We are honoured with your Lordship's commands, signified in Sir Julian

Royal Courts of Justice, January 28, 1885. Pauncefote's letter of the 23rd January, stating that, with reference to our Report of the 22nd ultimo, he was to transmit to us the papers relating to the special telegraphic instructions addressed to the Governors of the Colonies of Hong Kong, Ceylon, and the Straits Settlements, for their guidance in enforcing the provisions of the Foreign Enlistment Act during the hostilities then existing between France and China.

That those instructions which had been framed generally on our Report above referred to, would be found in the Colonial Office letter (inclosure) of the 20th instant. That it was thought desirable to dispatch them without the delay of a further reference to us, and that our opinion was requested as to whether they were proper and sufficient, or whether we considered that they required any modification or addition.

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

Report

That we think the instructions sent may give rise to some difficulty.

They direct that coals should only be supplied to belligerent ships in such quantities as would be necessary for moving to "the nearest port where no naval operations are being carried on.' limited to such as are strictly necessary to enable belligerent ships to hold the sea on And repairs and the supply of provisions are to be their voyage "to such place as aforesaid."

Now the" nearest port" within the unqualified terms of these instructions might be a Chinese port, where no coal or provisions could be obtained by a French ship of war. During the American War of Secession the prohibition was against a supply of coals greater than would be sufficient to carry vessels to "the nearest port of their own country, or some nearer destination."

It inay be that the local circumstances require some modification of this, but it does not seem satisfactory to limit the supply in the manner provided for by the instructions. It might in some cases be equivalent to a total prohibition, if nearest port'

were a port of the other belligerent, where no hostile operations were "6 the carried on. And if the nearest port" were another British port, it would involve a double responsibility and oversight on the part of British authorities.

G

We have, &c.

(Signed)

HENRY JAMES. FARRER HERSCHELL. J. PARKER DEANE.

A 15927-6. 3.--12/55.

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