CO885-(13-15) — Page 619

9701/1900.

No. 207A.

(HONG KONG.)

LONDON:

PRINTED FOR HER MAJESTY'S STATIONERY OFFICK

BY DARLING & SON, IAD., J-?, GREAT ST. THOMAS APOSTLR, EC.

1800

MY LORD,

LAW OFFICERS to FOREIGN OFFICE.

Royal Courts of Justice, WE were honoured with Your Lordship's commands signified in Mr. Bertie's

February 22, 1899. letter of the 17th instant, transmitting to us, by direction of Your Lordship, a letter from the Admiralty, enclosing a copy of a communication received from the Commander-in- Chief on the China Station, in which he asks for instructions in the matter of the administration of justice at Wei-hai Wei.

Mr. Bertie requested that we would take this matter into consideration, and that we would favour Your Lordship with our opinion as to the procedure which should be adopted with a view to providing for the exercise by Her Majesty of jurisdiction over British subjects and foreigners at Wei-hai Wei, and as to the instructions which should be sent to Admiral Sir E. Seymour for his guidance in the matter, pending a definite settlement of the question, by Order in Council or otherwise, as might appear best adapted to meet the case.

In obedience to Your Lordship's commands we have taken the matter into our consideration, and have the honour to

Report-

That in our opinion Wei-hai Wei is at present part of Her Majesty's dominions in virtue of cession from China.

An Order in Council should be passed as soon as possible making provision for the administration of justice there.

All persons in the territory ceded, whether Chinese, British, or subjects of other Powers, are alike amenable to British Tribunals and British law, as the Queen may

direct.

So far as the Chinese are concerned, provision should be made for maintaining Chinese law and customs, so far as they are not repugnant to humanity or morality.

British subjects and subjects of all other countries should be under a system of British law, say, such as prevails in Hong Kong,

The administration and enforcement of the law should, unless it be considered proper to appoint a Judge, be confided to the officer in command.

Sailors and soldiers should of course remain subject to military and naval law. Until such an Order in Council be passed the officer in command should, we think, be instructed himself to deal with all crimes committed by British subjects, or subjects of countries other than China, according to naval law. He should not in any case send them to the Consul at Chefoo.

He should also deal in like manner when necessary with crimes committed by Chinese, having regard to their usages, but probably in most cases the Headmen of the villages will be able to deal with Chinese crime.

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

6013-25-5/1900 Wt 324 D & S

PUBLIC RECORD OFFICE

C.O.885

Reference :-

14 PUBLIC RECORD OFFICE, LONDON

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