CO885-(13-15) — Page 217

9709.

PUBLIC RECORD OFFICE

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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

No. 212.

(CEYLON.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Royal Courts of Justice, May 9, 1891. We were honoured with your Lordship's commands signified in Mr. Bramston's letter of the 4th ultimo, stating that he was directed by your Lordship to inform us that the question had arisen whether the Basses Rocks, which were some 10 miles distance from the south-easternmost point of Ceylon, and which had long been treated as being part of the Colony, could be considered as being indisputably part of it and within the jurisdiction of the Colonial Courts, or whether it was necessary or advisable to declare them by Order in Council to be part of the Colony.

That in the titles of two Acts of Parliament, 32 & 33 Vict. c. 77., and 35 & 36 Vict. c. 55., the Basses Rocks were described as being "in the Colony of Ceylon," though in the preamble of each Act they were described as "off the coast of Ceylon."

That in the Colonial Ordinances in which reference was made to the Rocks they were not specified as being part of the Colony, but that in the preambles to the Orders in Council of the 18th of May 1865 and the 22nd of May 1883, it was distinctly assumed and stated that they were part.

That your Lordship would be glad to learn whether, in our opinion, the titles of the Imperial Acts or the recitals in the Orders in Council could be held to be sufficient evidence of the Rocks in question being part of Ceylon, or a dependency thereof, so as to be within the jurisdiction of the Courts of the Colony, or whether further steps should be taken to confirm the ownership of the Rocks.

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

Report

That we are of opinion that if questions are likely to arise as to the jurisdiction of the Ceylon Courts in respect of matters arising at the Basses Rocks, it is desirable that an Order in Council should be made declaring those Rocks to be part of Ceylon.

It would'not, in our opinion, be safe to rely upon the titles of the Imperial Acts, or recitals in the Orders in Council, as sufficient to make the Basses Rocks part of Ceylon for the purpose of jurisdiction of the Colonial Courts.

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

EDWARD CLARKE.

The Right Hon. Lord Knutsford.

E. 63133.-18.

25.-5/91.

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PUBLIC RECORD OFFICE

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