CO885-(15-16) — Page 53

28713.

No. 46.

(GENERAL.)

FOREIGN OFFICE to LAW OFFICERS.

Control by neutral

GENTLEMEN,

Foreign Office, July 31, 1900. I HAVE the honour, by direction of the Marquess of Salisbury, to transmit to you herewith, for your consideration, a copy of a Case which has been drawn up for your te of opinion by the Solicitor to the Post Office, in consultation with the Legal Adviser of telegraph this Office and with the Legal Assistant Under-Secretary of State for the Colonies, cables in acting on behalf of their respective Departments, relative to the control to be exercised time of by a neutral State, in time of war, over telegraph cables, and with regard to other war, &c. kindred matters.

I am to request that you will, in due course, favour Lord Salisbury with your opinion on the various points raised on pp. 11 and 12 of the printed Case enclosed.

F. H. VILLIERS.

I have, &c.,

PUBLIC RECORD OFFICE

Reference:

C.O. 885

Report.

1. In our opinion it would not be expedient in granting licences for the Govern- ment to reserve powers of censorship or taking possession for the purpose of enforcing neutrality. Such a reservation would be open to the construction that the use of a cable in neutral territory by a belligerent was a breach of neutrality, and if such a power were reserved it might create difficulties in the event of it not being thought advisable or necessary to exercise it.

2. We are of opinion that no such direction should be given. Any improper use of telegraphs should be dealt with when the case arises.

We would point out that in the war between Spain and America no difficulty seems to have arisen in taking this course, as advised by the Law Officers in May, 1898. 3. We do not think that anything that occurred in the Spanish-American war renders necessary a modification of the opinion* of the Law Officers in May, 1898, in which the subject is dealt with.

4. (a) We are of opinion that a belligerent can protect himself by cutting a cable connecting two stations of a belligerent, or the station of a neutral Power with the station of a belligerent, either in the waters of a belligerent or in the high seas, but cannot cut a cable in waters within the territorial jurisdiction of a neutral.

(b) and (c) We are of opinion that in these cases a belligerent should not ordinarily cut a cable at all. We cannot, however, lay down as an inflexible rule that the right to cut such a cable on the high seas cannot be exercised; it might conceivably form an essential link of communication, the interruption of which might be essential.

August 15, 1900.

Annex.

R. B. FINLAY. EDWARD CARSON.

(Confidential.)

INTERNATIONAL TELEGRAPHS IN TIME OF War.

Case for the Opinion of the Law Officers.

The Law Officers were consulted in May, 1898, during the Spanish-American war,

on several questions relating to the use by, or for the purposes of, belligerents of tele-

• No. 169 in Vol. V.

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