CO885-(15-16) — Page 532

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PUBLIC RECORD OFFICE

Reference :-

C.O.885

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

16 PUBLIC RECORD OFFICE, LONDON

1

No., 100.

(CEYLON.)

LAW OFFICERS to COLONIAL OFFICE.

[Claim of the Colonial Government to Exclusive Rights in the Pearl Fisheries in the Gulf of Manaar.]

Royal Courts of Justice, MY LORD,

8th August, 1908. We were honoured with Your Lordship's commands signified to us in Mr. Antrobus's letter of the 25th May last, stating that he was directed by your Lordship to transmit to us three despatches from the Governor of Ceylon with regard to the claim of the Colonial Government to exclusive rights in the pearl fisheries in the Gulf of Manaar off the west coast of Ceylon.

That this question formed the subject of correspondence in 1891 and 1892 in connection with the Chanks Ordinance of 1890, and that in the proceedings at the Behring Sea Arbitration frequent references were made to the rights of the Ceylon Government to the pearl fisheries. That a print containing that correspondence was enclosed, together with some extracts from the Behring Sea Arbitration pro- ceedings and some papers, including two opinions* by Law Officers of the Crown, relating to the pearl fisheries off the coast of Burmah and in the Persian Gulf. That a volume containing the Ceylon enactments relating to the pearl banks was also enclosed.

That in 1906 the Ceylon Pearl Fisheries were leased by the Government for a term of 20 years to the Ceylon Company of Pearl Fishers, Limited. That a copy of the lease was enclosed, and that from Article 11 it would be observed that the Company was expected to expend considerable sums annually upon the culture of the pearl oysters and the improvement of the pearl banks within the conceded

area.

That, in view of the development now reported by the Governor, your Lord- ship desired that you might be favoured with our advice as regarded the extent of the rights of the Ceylon Government and the manner in which any infringement of those rights which might be attempted should be dealt with.

That Mr. Antrobus was accordingly to request us to take the papers into our consideration and advise your Lordship:-

(1) As to the extent of the area over which exclusive rights of fishing for pearl oysters could properly be claimed by the Ceylon Government?

(2) What steps should be taken to protect those rights in the event of attempts being made to infringe them; and especially how far such infringements, if made by persons who were not British subjects or who poach from foreign vessels, should be met by legal proceedings in Ceylon, and how far by diplomatic representations?

(3) Whether the Ceylon Government would be justified in taking possession

of offending vessels outside the three-mile limit?

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

Report-

(1) That we think that exclusive rights of fishing for pearl oysters can properly be claimed by the Ceylon Government over those banks and parts of the bottom of the sea as to which there is evidence of ancient user on the part of successive Governments of Ceylon in the exercise of their sovereign rights. Such user appears to have existed long antecedent to the suggestion or adoption of the three-mile limit and is, therefore, in our opinion, not restricted by that limit.

(2) We think that infringements by persons who are not British subjects should be met by legal proceedings in Ceylon. Diplomatic action would scarcely be appro- priate except in cases where His Majesty's Government consider that the Govern- ment of the offender's country is in some way responsible for his acts.

25 W 231 8,03 D & S 5 39314

Nos 28A and 49 in Vol. V.