CO885-(11-13) — Page 82

9485.

PUBLIC RECORD OFFICE

Reference :-

गय

MIC.O. 885

We think it right to add that whilst we do not agree with the opinion which Mr. Rothery has apparently formed that the convention applies only to the routes espe- cially named, we are of opinion with him that the exemption from arrest in consequence of damages by collision, is a privilege of so high a character that it should be conceded only on clear proof of the vessel being either the national property of, or subsidised or chartered for the postal service by, the French Government, and that it is not the mere leave or license of the French Government granted to a vessel to carry letters and other postal communications, which will entitle the vessel to the privileges given under the 5th Article of the Convention.

**

Your Lordship will best judge whether the case of the “ Ava' to the notice of the French Government with a view of obtaining a fair trial in the should be brought case itself, and by laying down some rule for similar cases, either of British or French vessels doing damage by collision in the Chinese or Indian seas, or elsewhere, when such vessels may be exempt from the ordinary process of arrest.

Your Lordship will also best form an opinion whether the justice of the case and the convenience of all parties concerned would not be met by directing that the Con- sular, or some other public officer, should, in his official capacity, bail the ship proceeded against.

The Right Hon. the Earl of Kimberley,

&o.

&o.

&o.

"

We have, &c.

(Signed)

J. D. COLERIDGE.

G. JESSEL.

J. P. DEANE.

No. 784.

(Hong Kong.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Holland's

Temple, September 20, 1872. letter of the 12th instant, stating that in our Report of the 12th April* upon the subject of Letters Patent establishing dioceses in the Colonies, we advised, in answer to the second question, that in the case of Crown Colonies, where such Letters Patent had been issued by the authority of the Crown alone without the intervention of Parliament, they could be revoked by the authority of the Crown alone, either by way of Letters Patent or of Order in Council. It was added that though Imperial legislation would not be necessary to effect such revocation, it would be far better if there was to be an Act of Parliament to proceed under the authority of the Act.

That it was not found possible last session to introduce the Bill providing for the revocation of Letters Patent creating Colonial dioceses which was transmitted by us in the letters of the 6th April, and was approved by us in the above-mentioned Report, but it had become desirable to put an end to the Letters Patent creating the diocese of Victoria, and your Lordship proposed therefore, in accordance with our opinion, to effect such revocation by Letters Patent.

That he (Mr. Holland) Draft Letters Patent which had been prepared at the Colonial Office for that purpose, was to request us to take into consideration the enclosed and that we would favour your Lordship with our opinion whether the draft was sufficient to effect the desired object.

That copies of the recited Letters Patent were enclosed for our information, and he (Mr. Holland) was to state that they were the ouly Letters Patent which had been issued with reference to the see of Victoria.

That your Lordship believed that

under the Imperial Act 5 Vict. c. 6. a missionary bishop for the northern parts of China. In such case it would probably be thought desirable to revoke the Order in Council of 1849 referred to in the recited Letters Patent, althongh it would become practically inoperative after the revocation of the Letters Patent had been effected; and that in connexion with this point he might refer us to a report of the Law Officers of the Crown of the 4th August 1868.†

was contemplated by Earl Granville to appoint

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

Report

That we are of opinion that the Draft Letters Patent sent, which have been prepared for the purpose of revoking the former Letters Patent, are sufficient to effect the desired object. We think it will be desirable to revoke the Order in Council of 1849, which, although practically inoperative as long as there is no bishop of Victoria, yet might cause embarrassment to the missionary bishop when appointed.

The Right Hon. the Earl of Kimberley,

We have, &c. (Signed)

J. D. COLERIDGE. G. JESSEL.

&o.

&c.

&c.

• No. 751.

0 16278.-575. 25.-5/86.

† No. 524.

11 PUBLIC RECORD OFFICE, LONDON

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