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2. If such action should be taken as an Information by the Crown, whether, in the action of the Crown Agents v. Hoyle, the Attorney-General's name should be added as Informant ?

3. Whether an application to the Attorney-General for permission to use his name should be made--(a) at once ; (b) in the event of the question as to the capacity of the Crown Agents to sue being raised at the trial.

4. In what form and hp whom such application should be made.

We have taken the papers into our consideration, and, in obedience to your commands, have the honour to

Report-

1. That we think that an Information on behalf of the Crown is the proper form of procedure to enforce a contract made by the Crown Agents on Behalf of a Colonial Government in the form before us. such Information has been filed on behalf of a Colonial Government, and we think that There is, however, no case upon record in which the adoption of any such process should, if possible, be avoided, as it will almost certainly give rise to questions of some difficulty.

2, 3 and 4. We think it quite unnecessary to amend proceedings in the case of the Crown Agents. Hoyle. The point is one of mere form: it is not raised by the pleadings, and, under these circumstances, we do not think it probable that the defendant will be allowed to raise it at the trial. If he should, by any chance, be allowed to raise it, an adjournment would certainly be granted, and it will then be time enough to consider what course should be adopted.

Generally—we have nothing to add.

The Right Hon. J. Chamberlain, M.P.,

&c.,

&e..

&c.

We have, &e..

RICHARD E. WEBSTER, ROBERT B. FINLAY.

5934.

GENTLEMEN,

No. 207.

(STRAITS SETTLEMENTS.)

FOREIGN OFFICE TO LAW OFFICERS.

Registration of British Subjects in Sium.

Foreign Office,

January 24, 1899.

I HAVE the honour, by direction of the Marquess of Salisbury, to transmit to you herewith the papers, as noted in the accompanying list, relating to the question of registration in Siam, in connection with which a Report was furnished by you on the 31st July, 1897.*

I am in the first place to invite your attention to the instructions addressed to Mr. Greville, Her Majesty's Minister Resident and Consul-General in Siam, on the 14th September, 1897, and to his reply of the 18th February last, which will be found in Nos. 26 and 41 of the printed Papers (B) respectively.

Upon receipt of this last mentioned despatch from Mr. Greville fresh instructions were drafted in this Department, which will be found on p. 43 of the print. These instructions were first submitted for the concurrence of the Secretary of State for India in Council and of the Secretary of State for the Colonies, whose views and observations will be found in the letters of September 14th and 22nd, respectively Nos. 44 and 45 of printed Papers.

Certain controversial questions arose in consequence with respect to the registration of the wives of British subjects of Asiatic origin, and of their issue born in Siam, and they will be found set out in Mr. Robertson's Memorandum of the 7th November (Paper C), and succinctly summarised in Sir Martin Gosselin's Memorandum of the same date (Paper D).

By Lord Salisbury's direction, these points were referred for the decision of the Lord Chancellor on the 18th November, 1898 (see Paper E). His Lordship's opinion,† dated the 10th instant, is also inclosed (see Paper F), and it will be seen, upon reference to Paper (G), that the portion of the draft instructions to Mr. Greville which relates to this part of the subject has been amended in accordance with it.

The paragraph which has been inserted in consequence may therefore be looked upon

as definitively settled.

I am to request that you will take these papers into your consideration, and that you will favour Lord Salisbury with your opinion-

1. As to whether you concur in the changes which it is proposed in Paper (C) to

make in Rule 4 of the Regulations (sec Paper H); and

2. Whether, subject to any specific alterations you may think it desirable to suggest, you concur generally in the terins of the proposed instructions to Mr. Greville.

Report-

I have, &c.

FRANCIS BERTIE.

ions,

We concur in the changes which it is proposed to make in Rule 4 of the Regulations,; subject to the alteration which we have inserted.§

2. In other respects we concur in the proposed despatch, subject to the following observations -——

We think that these Regulations should be embodied in an Order in Council. They cut down the right to be registered as British subjects in the case of delay in the application, and in the case of those born in Siam of the second generation of Asiatic parents. This seems to us to go rather beyond the scope of Regulations under the Order

Printed in heavy type.

Printed in italica.

• No. 148A,

† See No. 202A.

2432-25-3/99 Wt 23147 D & 8 5

PUBLIC RECORD OFFICE

Reference :-

། ། ། ། ། ། mimimmin C.O. 885

14 PUBLIC RECORD OFFICE, LONDON

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