PUBLIC RECORD OFFICE
C.O. 885
Reference :-
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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Upon this head our opinion was requested upon the following points:
2. Is a native of a British sphere of influence, over which a British Protectorate has not been established, entitled-
(a.) To the general protection and assistance of Her Majesty's. Diplomatic and Consular officers in foreign countries, excepting in his native country?
(b.) To be considered a British-protected person for the purposes of civil and criminal jurisdiction in countries, other than his native country, where Her Majesty has extra-territorial jurisdiction?
That in this case also it was presumed that for all purposes such native was not to be deemed to be, or treated as, a British-protected person in his native country, but as a native thereof.
In regard to the question of the protection to be afforded to ships owned by a native of, or flying the recognized merchant flag, if any, of such British-protected States, or British sphere of influence, our opinion was requested, on the following point:-
3. Are such ships entitled to the assistance and protection, and if so, to what extent, of Her Majesty's Diplomatic and Consular officers abroad?
A Memorandum was enclosed dealing with the history of the flags which the various vessels belonging to the British North Borneo Company are entitled to fly under the Admiralty Warrant.
Sir Thomas Sanderson further stated that it would be observed that the privi leges conferred by this Warrant were entirely confined to vessels owned by the Company, and did not purport to be extended to vessels owned by natives of the State of North Borneo in their private capacities.
That the case of such vessels had not until now presented itself for practical consideration, and was, as appeared to your Lordship, entirely untouched in the correspondence.
That the Foreign Office had, moreover, no other information or precedents at its disposal which appeared to bear even indirectly upon the general point submitted in Question 3, which it therefore seemed necessary to treat by reference to first principles alone.
In obedience to your Lordship's commands we have taken the matter into our consideration, and have the honour to
That, in our opinion,
Report—
1. A native of a foreign State under British protection, where the conduct of the foreign relations of the protected State is (as in the case of North Borneo) under the control of Her Majesty's Government, may reasonably claim to be entitled. and Her Majesty's Government may extend to him, the right,
(a.) To the general assistance and protection of Her Majesty's Diplomatic and Consular officers in foreign countries, excepting in his own native country, so far, and so far only, as the action of such officers is not founded either on British Statutes or Treaties between Her Majesty and the State in which the officers act, which refer only to British subjects. A native of a State under British protection cannot, so far as the application of such Statutes or Treaties is concerned, be considered to be a British subject. The Statutes and Treaties referred to cover so great a portion of the functions of the Consular officers in particular that their possible action in favour of a native of a British-protected State will almost be confined to a friendly and unauthoritative interference, and will hardly amount to juris- diction.
(b.) To be considered a British-protected person for the purposes of civil and criminal jurisdiction in countries other than his native country where Her Majesty has, and exercises, extra-territorial jurisdiction, except so far as such jurisdiction depends upon Treaty or Capitulation referring only to British subjects.
2. The distinction for the present purpose between a British sphere of influence and a Protectorate consists mainly in the fact that the sphere of influence rests entirely upon Treaty arrangements between Great Britain and some foreign Power or Powers outside the sphere of influence.
(a) and (b.). The answers already given with reference to a native of a State under British protection apply equally to the case of natives of a British sphere of influence, with the modification that Her Majesty's Government cannot, as of right,
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claim to represent such a native at all in the case of a question arising with any Power which has not by Treaty recognized the sphere of influence.
3, Ships flying the flag of a British-protected State whose foreign relations are intrusted to Her Majesty's Government may reasonably claim, and Her Majesty's Diplomatic and Consular Agents may extend to them, general assistance and protection, but where the right of interference of the agent is founded upon Statute or Treaty referring only to British ships, it cannot be extended to the ships of a protected State.
The Right Honourable
The Earl of Rosebery, K.G.,
&c..
&c., &c.
(A.) Mr. Martin
List of Papers.
...
We have, &c.,
C. RUSSELL. JOHN RIGBY.
(B.) Royal Charter of British North Borneo Company
(Confidential 4528)
February 27, 1893.
November 7, 1881.
(C) Papers relating to North Borneo, 1888. (Confidential 6041.*) (D.) Brunei Order in Council, 1×90." (Confidential 6003.*) (E.) "Africa Order in Council. 1889." (Confidential 5846.**) (F.) Memorandum by Mr. Davidson, Q.C., on Mr. Martin's letter.
(G.) Memorandum respecting flags of vessels of the British North Borneo
Company.
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