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PUBLIC RECORD OFFICE

Reference :-

C.O.885

16 PUBLIC RECORD OFFICE, LONDON

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to particular classes of Bills, there is no reason why the Imperial Legislature should override the desire of the State in this respect. We suggest, however, that after the words "of the State" in line 12 there should be added the words "hereafter to be passed" as any Acts either Colonial or Imperial at present in force should be got rid of if they are in conflict with the policy of the proposed Bill.

We think that the words within brackets in the Schedule should be retained. Although these provisions occur in Colonial Acts they are manifestly inconsistent with the terms of the proposed Bill and ought, for the sake of clearness, to be repealed unless the States-when the proposed Bill is laid before them-express any preference for repealing them themselves.

The language of the Schedule and of Clause 1 (4) requires some amendment, as the bracketed clauses should be repealed as portions of the Colonial Acts in which they occur, and Clause 1 (4) should be made to apply to Colonial Acts as well as to Acts of Parliament and Orders in Council.

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There seems to be a verbal error in line 20 of the Schedule, and in line 7 the words and eight" ought, perhaps, to be omitted as the definition of Governor therein contained does not relate solely to Clause 7.

We think that Clause 1 (4) should deal in terms with enactments requiring any measure to be laid on the table of the Imperial Parliament.

The Right Honourable Alfred Lyttelton, M.P.,

&c., &c.

&c.,

We have, &c.,

R. B. FINLAY. EDWARD CARSON

No. 4.

(CYPRUS.)

MR. CHAMBERLAIN to the LORD CHANCELLOR, [Control and Protection of Cypriot Shipping.]

Downing Street, April 25, 1902.

Mr. Chamberlain presents his compliments to the Lord Chancellor and begs to transmit to his Lordship herewith the following papers relating to the question of the control and protection of Cypriot shipping:-

(1) The Convention between Great Britain and Turkey of the 4th of June,

1878, together with its Annexe of the 1st of July, 1878 [C. 2057];

(2) The Order in Council of the 14th of September, 1878, and the Supple- mentary Convention between the same high contracting parties of the 14th of August, 1878 [C. 2229.];

(3) The Law Officers' reports of the 21st of March, 1879, the 8th of January,

1881, and the 12th of November, 1900*;

(4) A letter from the Colonial Office to the Foreign Office of the 14th of Feb-

ruary, 1902, and the Foreign Office reply thereto of the 4th of March;

(5) The case submitted to the Law Officers and their report of the 17th of

April.t

The Lord Chancellor will gather from these papers that it is desirable, in Mr. Chamberlain's opinion, that the somewhat anomalous international character of Cypriot shipping should, if possible, be removed, and, with that end in view, that it should be determined whether the control of such shipping is vested in Great Britain or in the Porte.

The following papers which, in addition to those referred to above, were.sub- mitted to the Law Officers, as illustrating the legal position and powers of Great Britain in Cyprus, are also transmitted herewith :-

(1) The Law Officers' reports of the 3rd of September, 1896, the 29th of April, 1897, the 22nd of September, 1898, the 10th of July and the 28th of December, 1900;

(2) The Convention between Great Britain and China respecting Weihaiwei

of the 1st of July, 1898 [C. 9051];

(3) The Law Officers' report of the 22nd of February 1899.§

Mr. Chamberlain would feel obliged if his Lordship would take these papers into

his consideration and would favour him with his opinion upon the points referred to

in the Law Officers report of the 17th instant,† together with any general observa- tions which he may be good enough to offer, at his Lordship's early convenience.

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OPINION OF THE LORD (HANCELLOR.

I do not quite understand what it is desired to do in respect of the Cypriot shipping, unless the distinctive flag, or alteration of flag, is supposed to have some international recognition which it will be in the power of Great Britain to enforce against foreign nations.

A British ship must be owned by a British subject. A Cypriot is a Turkish subject; and a Cypriot ship must, in the character of its owners, carry a Turkish flag.

I have read the opinions of the Law Officers upon this subject, which appear to be in conflict with an opinion given by the Law Officers of 21st March, 1879 (of whom I was myself one). I am unable to take any different view from that I take the same view now, and adhere to the which I appear to have taken in 1879. opinion which Sir John Holker and Sir James Deane appear to have held at that date.

February 17, 1905.

• Nos. 196A and 244 in Vol. III., and No. 59 in Vol. VI. Nos. 116, 140, and 190 in Vol. V., and Nos. 42 and 64 in Vol. VI.

No. 196a in Vol. 111.

† No. 142 in Vol. VI.

§ No. 207A in Vol. V.

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