CO885-(15-16) — Page 493

14725

No. 68.

(STRAITS SETTLEMents, Federated Malay States.)

LAW OFFICERS to COLONIAL OFFICE. [Right of Great Britain to exercise jurisdiction in the Straits of Johore.] Royal Courts of Justice, MY LORD,

April 25, 1907. We were honoured with your Lordship's commands, signified to us in Mr. C. P. Lucas's letter of the 22nd February last stating that he was directed by your Lordship to forward to us the enclosed despatch from the Governor of the Straits Settlements with regard to the right of Great Britain to exercise jurisdiction in the Straits of Johore.

That your Lordship would be glad if we would be so good as to favour you with an expression of our opinion on the point raised in paragraph 4 of the above- mentioned despatch.

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, Article V. of the Treaty of 1885 does not operate as a retrocession of any part of the sovereignty or property ceded by Article II. of the Treaty of 1824.

It appears from the Treaty of 1885 that it was not the intention of the parties to affect prejudicially the Treaty of 1824 or to provide for a cession of territory, and the wording of Article V. of the Treaty of 1885 certainly is not apt for any

such purpose. The object of that article was something quite different, namely, the protection of the Government and territory of Johore, and the definition of the territorial waters must be read with reference to that object.

In our opinion, Article V. of the later Treaty only applies to waters outside the 10-mile limit mentioned in the earlier Treaty.

The Right Honourable

The Earl of Elgin, K.G.,

&c.,

&c.,

&c.

25 W197 5/07 D & B

10

28235

We have, &c.,

JOHN L. WALTON.

W. S. ROBSON.

PUBLIC RECORD OFFICE

Reference :-

miniminihm TLC.O.885

16 PUBLIC RECORD OFFICE, LONDON

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

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