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MY LORD,

No. 227.

(GENERAL.)

LAW OFFICERS TO FOREIGN OFFICE.

[Russo-Japanese War. Russian Regulations in regard to Naval Prizes.]

Royal Courts of Justice, June 18, 1904. We were honoured with Your Lordship's commande signified to us by Sir Charles Hardinge in his letter of the 14th of April last stating that he was directed by Your Lordship to transmit, for our information and for such observations as we might offer, a translation of the Regulations issued by the Russian Government in regard to Naval Prizes, together with Instructions on the procedure to be observed in stopping, examin- ing and seizing, and also in removing and delivering captured vessels and cargoes, and to request that we would favour Your Lordship with our opinion:

(1.) Whether a protest should at once be made with reference to the provisions in the Regulations as to the destruction of neutral vessels and as to their condemnation for carrying contraband amounting to more than half the ?

cargo

(2.) Whether a protest should at once be made with regard to other matters con- tained in the Regulations?

(3.) Whether, in our opinion, it might not, having regard to the conditions of modern maritime warfare and especially to the universal use of steam power by public ships and the general adoption of that means of propulsion by merchant vessels also, be desirable to modify the British rule that prizes may not be admitted to neutral waters, in view of the necessity for coaling, which did not exist when that rule was originally laid down ?

(4.) If so, whether the protest of His Majesty's Government against the destruction of neutral vessels should be accompanied by an intimation that they will not refuse a limited supply of coal or water to prizes on their way to adjudication or claim their release if brought into their harbours ?

That in this connection he was to enclose a telegram which had been receiver! from His Majesty's Ambassador at St. Petersburg, stating that the Russian Government proposed to establish Prize Courts at Vladivostok, Port Arthur, Sebastopol and Libau.

That Your Lordship presumed that His Majesty's Government had no grounds for objecting to the establishment of a Prize Court at Sebastopol, provided that its scope was confined to the adjudication of seizures in the Black Sea, a possible though not likely contingency.

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

Report-

That (1.) We do not think that the provisions as to destruction of captured vessels are meant to refer to neutral vessels seized for carrying contraband. We think however it might be well that His Majesty's Government should inform the Russian Government that they so read the Article.

We think that the provisions as to condemnation of the vessel carrying contraband go too far, as they might apply where there was no complicity. We think that a protest may properly be addressed to the Russian Government on this point.

(2.) No other protest appears to be at present necessary.

(3.) We do not think that the British Regulations against carrying prizes into British ports are to be read as prohibiting prizes putting into such ports if in want of supplies. We may refer to the observations on the similar Regulation of 1870 made by the then Law Officers of the Crown which are quoted in the despatch of the Admiralty in November 1870 (State Papers 1870-1, Vol. LXI., p. 1093). We do not think that It is directed against the lax practice any modification of the British rule is necessary. which formerly prevailed of utilising neutral ports for keeping prizes pending adjudica- tion-not against the extension of hospitality to prizes in need of it on their way to the port of adjudication.

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PUBLIC RECORD OFFICE

Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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