CO885-(13-15) — Page 305

784.

PUBLIC RECORD OFFICE

C.O.885

Reference :--

14 PUBLIC RECORD OFFICE, LONDON

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

No. 25.

(GENERAL.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Royal Courts of Justice, January 13, 1893. We were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 11th of November last, stating that in the year 1891 the Governor of Queensland by the advice of his Ministers, and at the request of the Consul General for Chili, issued a proclamation prohibiting, during the civil war in Chili, the export of arms and ammunition to Chilian ports from Queensland except for the Government of Chili.

That it was unnecessary to trouble us with a copy of the proclamation or with the Queensland Act: that the section under which the proclamation was issued was, however, practically identical with section 138 of the Imperial Customs Consolidation Act, 1876. But that a doubt having been raised by the Foreign Office as to the legality of the proclamation our predecessors were consulted on the point, and that Mr. Bramston was to enclose a copy of their report, dated 19th August 1891, advising that the proclamation was not valid in law.

That the purport of that report was telegraphed to the Colony, and that the accom- panying letter, dated 14th September 1891, from the Chief Secretary to the Governor, was subsequently received and referred to the Law Officers who reported thereon on the 18th December 1891.

That correspondence then followed between the Colonial and Foreign Offices of which copies were enclosed. That your Lordship thought that the matter would be suffi- ciently explained without encumbering the case with the enclosures to the Colonial Office letter of 23rd June 1892. That the other letters of the correspondence were:--

Foreign Office

Colonial Office Foreign Office

3rd September 1892 (enclosure).

16th September 1892.

28th September 1892.

That the Law Officers' Reportst mentioned in the enclosure to the Foreign Office letter of the 3rd of September were also enclosed viz. :-

October 14th, 1870. January 7th, 1874. February 18th, 1885. April 2nd, 1885. April 16th, 1885.

}

as well as a Law Officers' Report of 20th May 1873, which was not mentioned in that letter, as it was made to the Colonial Office.

That your Lordship would be obliged if we would be good enough to consider the papers and favour Her Majesty's Government with our advice as to what general rules might, having regard to the legal considerations involved, safely and properly be laid down for the Colonies respecting the prohibition of the exportation of arms.

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

Report

That in our opinion the following general rules may, having regard to the legal considerations involved, be safely and properly laid down for the Colonies respecting the prohibition of the exportation of arms and similar goods :--

1. It is not one of the duties of neutrality to prohibit the export of arms or other contraband of war, and nothing is to be done on the ground, or as a recognition, of any supposed duty to that effect.

2. In the absence of any treaty obligations, prohibition should be considered as a question of domestic policy, and founded on reasons concerning the safety and well-being of the Colony.

3. Under special circumstances, such as the geographical position and relations of a Colony, or treaty obligations binding upon the Colony, it may be right to take

• No. 220 in Vol. IV. ↑ No. 666A in Vol. II., No. 2 in Vol. III., and Nos. 38▲, 40, and 408 in Vol. IV. No. 820 in Vol. II. ⚫ 70451.--41.

$5.-1/98.