CO885-(13-15) — Page 171

16,398.

No. 188.

(Hong Kong.)

MY LORD,

LAW OFFICERS to COLONIAL OFFICE.

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

Royal Courts of Justice, August 19, 1890. letter of the 11th instant, stating that it was desired to enlist a small corps of Chinese in Hong Kong to serve as part of Her Majesty's regular forces in the capacity of submarine miners; but that the question had been raised whether they were included in the words "negro or persons of colour" in the 95th section (sub-section 2) of the Army Act, 1881, or must become British subjects before enlistment.

That there were certain difficulties as regarded the latter course, and that it seemed to your Lordship that "person of colour" must mean any person who was not a white man, and that a Chinaman certainly was not.

That your Lordship would therefore be obliged if we would advise you whether, in our opinion, Chinese might, under the terms of the above section, be lawfully enlisted in Her Majesty's regular forces.

We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to

Report

That the question is, in our opinion, not free from doubt, but we think that a Chinaman may be regarded, for the purposes of sub-section (2) of section 95 of the

Army Act, 1881, as a person of colour.

The Right Hon.

Lord Knutsford, G.C.M.G.,

We have, &c., (Signed) RICHARD E. WEBSTER.

EDWARD CLARKE.

&c.

&c.

&c.

61907.-24. 25.-8/90.

2

PUBLIC RECORD OFFICE

Reference :-

PLLC.O.885

13 PUBLIC RECORD OFFICE, LONDON

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