CO885-(15-16) — Page 307

6299

SIR,

No. 214.

(STRAITS SETTLEMENTS.)

FOREIGN OFFICE to COLONIAL OFFICE.

[Status of Vessels of the Russian Volunteer Fleet.]

Foreign Office, February 20, 1904. WITH reference to your letter of the 13th instant, I am directed by the Marquess of Lansdowne to transmit, for the confidential information of Mr. Secre- tary Lyttelton, a copy of an opinion by the Law Officers of the Crown as regards the status of the vessels of the Russian Volunteer Fleet.

I am also to enclose a paraphrase of a telegram* which has been addressed to

His Majesty's Agent and Consul-General at Cairo · To Lord Cromer, Telegram, 19th February, 1904.

on the subject, together with a copy of the Suez Canal Coaling Rules, to which allusion is made.

*

I am, &c.,

F. A CAMPBELL.

OPINION OF THE LAW OFFICERS.

(1.) In our opinion no general direction can be given as to whether ships of the Volunteer Fleet are to be considered as warships within the meaning of Rule 8 of the notification issued by the Egyptian Government (February 10th, 1904). Each case must be separately considered.

(2.) But as the ships are in the service of the Russian Government and intended, if necessary, to be used for warlike purposes, we think that when they are being used for conveying munitions of war or any goods which are intended for the use of the belligerent Power in carrying on hostilities, they would come within the definition in the 8th Rule.

(3.) On the other hand, when they are merely carrying ordinary merchandize in the way of general commerce, they should not be treated as warships within the definition.

25 Wt 664 2/04 DS

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R. B. F.

E. C.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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