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PUBLIC RECORD OFFICE

Reference :-

TILICO. 885

15 PUBLIC RECORD OFFICE, LONDON

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

their own countries as British subjects, and in that case they should be set at liberty with reasonable dispatch. As regards such prisoners who elected to return to the Transvaal or Orange River Colonies as British subjects we think that His Majesty's Government would be entitled to detain them for a reasonable time so that their return could be effected without danger to the tranquillity of these Colonies; and on their return to take any reasonable measures with regard to them for the same purpose. 5. The termination of the state of war would render persons still in ordinary criminals liable, as regards both their persons and property, to trial for any offences which they might commit.

arms

As regards persons who surrendered voluntarily they should be allowed to leave the country if they elect not to become British subjects, and if they elect to remain as British subjects any reasonable measures may be taken to prevent danger to the public peace from their residence in the country.

As regards foreign countries and their subjects the cessation of war would put an end to the rights of His Majesty's Government as a belligerent, but as questions of contraband are not at this stage likely to arise, the chief importance in this connec- tion of the cessation of belligerency would be with reference to the rights of prisoners of war who are subjects of foreign countries, a topic with which we have dealt above. The cessation of belligerency might however give rise to questions with foreign Governments as to the propriety of interfering with or controlling telegraphic

messages.

Generally, we have only to add that no action of His Majesty's Government in declaring that the war has ceased can have any effect upon the status of the com- batants or prisoners unless the resistance of those who were formerly subjects of the South African Republic and Orange Free State has been in fact suppressed; outrages which are not justified by the laws of war may of course be punished even while a state of war exists, but until all organized resistance had been put down and order restored, we cannot advise that members of the Boer forces should be treated as criminals. Any attempt to do so would probably lead to retaliation, and would not in our opinion in itself be justifiable.

We have, &c.

R. B. FINLAY. EDWARD CARSON.

26798

SIB,

No. 96.

(LABUAN,)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice,

August 1st, 1901.

We were honoured with your commands, signified in Mr. C. P. Lucas's letter of the 15th June last, stating that he was directed by you to forward, for our consideration, a letter from Sir Charles Brooke, G.C.M.G., Rajah of Sarawak, and to request the favour of our report upon certain questions of International Law arising out of the circumstances

described in that letter.

That Sir Charles Brooke asked for compensation for the action of the local repre- sentatives of the British North Borneo Company in Labuan in seizing opium on board the Sarawak Government steamer the "Lorna Doone," and detaining the vessel and its captain under Section 9 of the Labuan Ordinance No. 2 of 1873.

That Mr. Lucas was to say that, in order to prevent the recurrence of seizures of this kind in future, you were giving instructions to the British North Borneo Company to have the Labuan Ordinance amended so as to exclude from its operation the case of a steamer merely calling at Labuan, but carrying opium consigned to another port.

That leaving the local law, therefore, out of the question, Mr. Lucas was to point out that the Rajah's claim for compensation would appear to you to depend upon the inter- national status of Sarawak, as modified by the Agreement of 14th June, 1888, whereby that country was placed under British protection.

That you were doubtful as to whether the "Lorna Doone" could be considered a public ship of a sovereign independent State, and, as such, entitled to ex-territoriality.

That if Sarawak was to be looked upon as a sovereign or "semi-sovereign" State as regards the possession of public ships, it appeared to you that the formal statement of the Rajah that the "Lorna Doone was such a ship was final, and that His Majesty's Government, no less than a Court of Law, would, on the authority of the "Parlement Belge" (L.R. 5 P.D., page 219, and cases therein referred to), be bound to accept that statement without further inquiry.

That if, on the other hand, the status of Sarawak could be regarded as approximating to that of a Protected Native Indian State, it would clearly have no international personality at all, and would therefore be incapable of possessing "public vessels " stricto

Rensu.

That the matter was laid before the Secretary of State for Foreign Affairs in a letter from the Colonial Office dated 10th May, 1901, and that a copy of Mr. H. F. Villiers's letter in reply was enclosed for our information.

That Mr. Lucas was accordingly to request us to be good enough to report :- 1. What was the international status of Sarawak ?

2. Was the "Lorna Doone" entitled to ex-territoriality at Labuan as a

ship"?

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public

3. If not, was the Rajah entitled upon any other ground to compensation ? And further that, as it was believed that there was little authority or precedent upon

the question of the rights of public vessels of protected States, Mr. Lucas was to ask us

to favour you with a report upon the following questions :-

4. Was the public ship of an independent State under British protection entitled to

the full rights of ex-territoriality enjoyed by the public ships of ordinary sovereign States ?

5. If not, was such a ship entitled to any limited form of ex-territoriality, as, for

example, in British waters, or in foreign waters, or how otherwise?

6. Or was such a ship entirely divested of its ex-territorial character by the circumstance of its State being under British protection?

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

Repart―

1. That as between Sarawak and His Majesty's Government; under the Treaty, Sarawak is entitled to be recognised as an independent State subject only to the limitations mentioned in the Treaty.

9676-25-8 1901 Wt 372 D&S

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