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38442.

The papers on the subject, as noted in the accompanying list, are transmitted for your information, and I am to request that you will be so good as to take them into your consideration, and favour Lord Lansdowne with your opinion as the principle which should be applied in dealing with the officers and crew of the "Burni," and with any general observations which you may be good enough to offer on the issues involved.

I have, &c.,

(G.) Sir C. MacDonald

F. A. CAMPBELL.

SIR

No. 236.

(AUSTRALIA.)

LAW OFFICERS TO COLONIAL OFFICE.

[Effect of the Immigration Restriction Act, 1901, upon British Treaties under the Merchant Shipping Act.]

Royal Courts of Justice,

9th November, 1904.

March,

We were honoured with your commands, signified in Mr. H. Bertram Cox's letter To French of the 11th October last, stating that he was directed by you to inform us that the French Ambassa- Government had again raised the question which was dealt with in our Report of the Mor, 26th 23rd July, 1902,* viz., whether Treaties between Great Britain and foreign countries for 1903. the surrender of merchant seamen deserters exempted vessels of those countries from French the provisions of the Immigration Restriction Act, 1901, of the Commonwealth of Ambassa- Australia.

That Mr. Bertram Cox was to enclose the correspondence which had passed on the February, subject with the French Ambassador, together with copies of the Australian Act and the Auglo-French Agreement of 23rd June, 1854.

List of Papers.

(A.) To Sir C. Hardinge (B.) To Sir C. MacDonald

C.

Ditto

(D.) To Sir C. Hardinge (E.) Admiralty

(F.) To Sir C. MacDonald

(H.) Count Benckendorff

(I.) To Sir C. MacDonald

(J.) Sir C. MacDonald

(K.) To Count Benckendorff (L.) Sir C. Hardinge

(No. 263) July (No. 135) July (No. 103. Telegraphic) July (No. 290) July

August 13, 16, . (No. 109. Telegraphic) August (No. 221. Telegraphic) August

August 22, (No. 115. Telegraphic) August

26, (No. 240. Telegraphic) August

August 30, (No. 115. Treaty. Telegraphic) September 8, (M.) Mr. Campbell (Memorandum)

September 8, (N.) To Sir C. MacDonald (No. 119. Telegraphic) September 12,

(No. 257. Telegraphic) (0.) Sir C. MacDonald

September 18, (P.) Conventions (Treaty Series 1901. No. 10). (Q.) Ditto (Treaty Series 1901. No. 11).

6, 1904.

11,

32

15,

30,

11

"

"

16.

dor, 29th

1904.

"

24,

"

4

"

29

"3

H

That he was to request that we would take the matter into our consideration and dor, 14th report whether we saw any reason in the arguments urged by the French Government April, 1904. to modify the opinion given in our Report of the 23rd July, 1902.

We have taken the papers into our consideration, and, in obedience to your dor 16th commands, have the honour to

To French Ambassa-

French

Ambassa-

May, 1904..

*

Report-

•

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

37777

LAW OFFICERS to FOREIGN OFFICE

MY LORD,

Law Officers' Department, October 15, 1904. WE were honoured with Your Lordship's commands, signified to us by Mr. Campbell in his letter of the 17th ultimo, stating that he was directed by Your Lord- ship to bring to our notice the circumstances in which the officers and crew of the Russian torpedo-boat destroyer "Burni" were at present interned at Hong Kong, and to request that we would favour Your Lordship with our opinion as to the principle which should be applied in dealing with the officers and crew of the "Burni," and with any general observations which we might offer on the issues involved.

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

Report

That we are of opinion that, upon the facts stated, it is within the rights of His Majesty's Government to intern the officers and crew of the "Burni."

We think the true view of the facts is that the loss of the "Burni"

was the consequence of the naval operations in progress between the belligerents, and the fact that the Officer in Command destroyed the vessel, apparently to prevent its falling into the hands of the Japanese, seems to support this view.

We do not think, therefore, that the contention of the Russian Government that the present is a case of a crew shipwrecked merely by perils of the seas, and seeking hospitality, can be maintained.

The Marquess of Lansdowne, K.G.,

&c., &c., &c.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

That we see nothing in the arguments urged by the French Ambassador in his Note of the 16th May last to lead us to modify the opinion expressed in our previous Report of the 23rd July, 1902. There is nothing in the Immigration Act, 1901, which deprives the French Government of the benefits of the Treaty of 1854, as there is, notwith- standing the Act, the same obligation upon the Government of the Commonwealth to, assist in the apprehension and sending on board of deserters.

The Right Honourable Alfred Lyttelton, M.P.,

&c.,

&c.,

&c.

• No. 160.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

• Not printed.

28 Wt 416 11,04 DKS

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