CO885-(15-16) — Page 325

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PUBLIC RECORD OFFICE

C.O. 885

Reference :-

15 PUBLIC RECORD OFFICE, LONDON

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

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We have taken the matter into our consideration and in obedience to your com- mands have the honour to

Report-

(1.) We answer this question in the affirmative.

(2.) We think that Ocean Island was not acquired either by conquest or by cession, and, therefore, that it is a British Settlement within the meaning of the British Settlements Act 1887.

(3.) It became part of His Majesty's Dominions in consequence of the occupa- tion by the Pacific Islands Company, and their hoisting of the flag together with His Majesty's licence to occupy.

(4.) The High Commissioner has power to make King's Regulations for Ocean Island under the Pacific Order in Council, 1893, and the grant of such power is lawful under the British Settlements Act 1887. These Regulations can be made only within the limits prescribed by Article 108 of the Pacific Order in Council, 1893— Ocean Island is subject to the provisions of that order which cannot be affected by King's Regulations.

(5.) The rights of the Company under the licence should, of course, in any regulations to be made.

The Right Honourable Alfred Lyttelton, M.P.,

&c.,

&c.,

&c.

We have, &c.,

be respected

R. B. FINLAY. EDWARD CARSON.

21146

No. 225.

(WEIHAIWEL: GENERAL.)

LAW OFFICERS to FOREIGN-OFFICE.

[Russo-Japanese War: Russian Government Circular regarding Wireless

Telegraphy, &c.]

Royal Courts of Justice,

June 3, 1904.

MY LORD,

We were honoured by Your Lordship's commands, signified to us by Mr. Campbell, in his letter of the 9th May last, stating that he was directed by Your Lordship to transmit to us the papers on the subject of the declaration recently issued by the Russian Government to the effect that correspondents on board neutral vessels who might communicate news to the enemy by means of im- proved telegraphic or other apparatus not yet provided for by existing Conventions, would, if such vessels were arrested off the coast of Kwantung or within the zone of operations of the Russian fleet, be treated as spies, and vessels having on board apparatus for transmitting messages by wireless telegraphy would be considered as lawful prize of war, and to request us to take these papers into our consideration and to favour Your Lordship with our opinion whether the Russian circular afforded any, and, if so, what, grounds for a protest by His Majesty's Government.

We were further honoured with Your Lordship's commands, signified to us by Mr. Campbell in his letter of the 24th May last, stating that, with reference to his letter of the 9th May he was directed by Your Lordship to transmit to us further letters which had been received from the Colonial Office, forwarding corre- spondence with the Commissioner of. Weihaiwei dealing with questions which had arisen in connection with the establishment of wireless telegraphic communication between the British steamship "Haimun," which had been chartered by the Times newspaper, and the British dependency of Weihaiwei, and to enquire whether the establishment of a wireless telegraphy station at Weihaiwei constituted a breach of neutrality, and whether the answer to the question submitted for our consideration in the Foreign Office letter of May 9th was, in our opinion, in any way affected by the fact of the presence on board the "Haimun" of a Japanese officer, either as official censor on behalf of the Japanese Government or as a private guest of the "Times" newspaper or its correspondent.

*

We were further honoured with Mr. Campbell's letter of the 30th May last, enclosing a letter which had been received from the Admiralty enclosing a com- munication from Sir Cyprian Bridge, late Commander-in-Chief on the China Station, in which he gave his reasons for the objection taken by him to the establishment of a wireless telegraphy instalment at Weihaiwei, and requesting that we would take Sir Cyprian Bridge's letter into our consideration in connection with the papers forwarded to us in the letters above referred to.

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

Report

That, in our opinion, the Russian circular does not afford any grounds for a protest by His Majesty's Government. In its terms the circular only applies to correspondents on board vessels who transmit news to the enemy by means of wireless telegraphy, and it cannot, in our opinion, be contested that a belligerent is within his rights in preventing such transmission.

In reply to Mr. Campbell's further letters of the 24th May and of 30th May and enclosures, we are of opinion that the establishment of a wireless telegraphy station at Weihaiwei does not, per se, constitute a breach of neutrality, though no doubt, if it were allowed to be used as a means of communicating information to the enemy, or were likely to be so used, it might be regarded as inconsistent with the duties of neutrality.

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