CO885-(15-16) — Page 195

13867.

No. 138.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to FOREIGN OFFICE.

[Examination under Martial Law of correspondence passing in transit through Cape Colony.]

MY LORD,

Royal Courts of Justice,

;

March 31, 1902. WE were honoured with your Lordship's commands signified in Mr. Bertie's letter of the 24th instant, enclosing for our consideration a copy of a Memorandum communi- cated to your Lordship by the German Ambassador at this Court relative to the opening, in Cape Colony, of letters in transit through the Colony to German South West Africa and requesting us to favour your Lordship with our opinion (1) whether, having regard to the provisions of the Postal Convention His Majesty's Government could properly maintain that the existence of martial law in the Cape Colony warranted the examination of correspondence passing in transit through that Colony; and (2) whether in the event of our considering such a course justifiable, letters which might be found to contain dangerous matter might properly be detained by the military authorities, or whether, in the case of letters which in course of transit come within a theatre of war or an area wherein martial law had been proclaimed, the provisions of the Convention apply or there was any obligation thereunder to forward them to their destination.

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

Report-

1. That we are of opinion that the provisions of the Postal Convention must be regarded as applicable to a state of peace, and that in the event of war raging in an adjoining territory letters transmitted under the Postal Convention are liable to examina- tion in the same way as other letters. This right, however, is one which should, we think, be exercised with great forbearance, and, as it may be doubtful whether any in- formation or supplies of money are likely to be transmitted to the enemy indirectly by means of such letters, it is a matter for consideration whether the right should be exercised,

2. Letters which may be found to contain dangerous matter may properly be detained.

We have, &c.

R. B. FINLAY, EDWARD CARSON,

The Marquess of Lansdowne, K.G.,

&c., &c.,

&c.

11566-25-4/1902 WL

D & S 6

PUBLIC RECORD OFFICE

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19

Reference :-

............... C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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