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PUBLIC

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PRC.O-885

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17 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

100

31419.

No. 7.

The SECRETARY OF STATE to the GOVERNORS."

(Confidential.)

(General.)

MY LORD, SIR,

Downing Street,

August 27, 1903. WITH reference to the Earl of Onslow's despatch, General No. 1," of the 16th February last† and ([New Zealand] No. 42 of the 12th May lastt No. 140 of the 13th May lasts [Cape] to your reply

[Natal] No. 135 of the 18th May last|| respecting coasting trade and laws affecting shipping, I have the honour to transmit to you, for the information of your Ministers, copy of a letter which has been addressed by the Board of Trade to the Foreign Office with regard to Colonial legislation that may be proposed with a view to giving effect to the resolution on the subject adopted at the Colonial Conference held last

year.

SIR,

Enclosure in No. 7.

I have, &c.,

J. CHAMBERLAIN.

Board of Trade, Commercial Department,

7, Whitehall Gardens, London, S.W.,

August 17, 1903.

I AM directed by the Board of Trade to acknowledge the receipt of your letter of the 25th ultimo, stating that Lord Lansdowne would be glad to receive their observations on the subject of a letter from the Colonial Office to the Board, dated the 9th ultimo, relative to the proposed reservation of the coasting trade of New Zealand to British vessels.

In reply, I am to state that, after careful enquiry, the Board have ascer- tained that Greece appears to be the only country of any importance entitled by treaty to participate in the coasting trade of the colony, such right being conferred upon her by Article VII. of the Anglo-Greek Commercial Treaty of 1886. Hitherto, it would appear that Greek vessels have not taken part in the New Zealand coasting trade; but the Board consider that it would be unsafe to assume that no vessel of that nationality will endeavour to share in that trade in future, and that, as a consequence, it would also be unsafe to enact legislation which would not provide for the observance of existing treaty rights. There is also the further consideration that other countries entitled by treaty to most-favoured-nation privileges in regard to shipping at New Zealand ports might invoke the clause of the Anglo-Greek Treaty above referred to in support of a claim to participate in the New Zealand coasting trade.

In view of these considerations, the Board are of opinion that, if legislation of the kind proposed is to be enacted, it would be advisable to safeguard the so far as treaty position by including in it some such qualifications as treaty obligations permit."

The Under-Secretary of State, Foreign Office.

I have, &c.,

A. E. BATEMAN.

The Governors-General of Canada and Australia, and the Governors of New Zealand, the Cape, Natal, and Newfoundland.

† No. 2.

‡ No. 6.

§ No. 4.

| No. 5.

400/03-1.

101

No. 8.

The GOVERNOR-GENERAL OF AUSTRALIA to the SECRETARY

(Confidential.)

OF STATE.

(Received January 4, 1904.)

Melbourne,

November 25, 1903.

SIR,

REFERRING to your despatch "Confidential," 'General," dated 27th August 1903, transmitting a copy of a letter from the Board of Trade to the Foreign Office, relating to Colonial legislation which may be proposed with a view to giving effect to the resolution on the subject of the coasting trade and laws affecting shipping, which was adopted at the Colonial Confer- ence held in London last year, I have the honour to inform you that I submitted the correspondence to my Prime Minister, who, in returning the same, states that the matter has been perused with interest.

2. It is probable that in the Navigation Bill to be introduced to the Commonwealth Parliament next session some clauses will be inserted which may affect the right of foreign vessels to engage in the coasting trade of Australia, or the conditions upon which they may trade.

3. It is stated in Hertslet's Commercial Treaties (1890 edition, volume 17, page 763) that among the British Colonies which have acceded to the Anglo- Greek Commercial Treaty of 1886 are Victoria, Queensland, Tasmania, Western Australia, and South Australia.

4. My Prime Minister requests me to inform you that the Commonwealth desires to be relieved of the obligations of the aforesaid treaty at the earliest possible date, and he will be glad if steps can be immediately taken to that end.

11612.

No. 9.

I have, &c.,

TENNYSON,

Governor-General.

The SECRETARY OF STATE to the GOVERNOR-GENERAL OF AUSTRALIA. [See No. 13.]

(General.) (Confidential.)

MY LORD,

Downing Street,

April 14, 1904. IN continuation of my confidential despatch of the 19th February last respecting the legislation which your Government has in contemplation with a view to giving effect to the resolution passed at the Colonial Conference of 1902 in favour of the reservation of the carrying trade within the Empire, and the question which has arisen in that connection as to the rights of Greece under the Treaty of Commerce and Navigation of 1886 in respect of the coasting trade in Australia, I have the honour to state for the information of your Ministers that the matter has been under the consideration of the Board of Trade and also of the Law Officers of the Crown, and that His Majesty's Government is advised that the rights of Greece under the Treaty in respect to the colonies which did adhere to it-and which comprise all the present States of the Commonwealth except New South Wales-cannot be affected by the legislation of the Commonwealth, until the Treaty has been denounced or modified by agreement; and that, as the Treaty is between His Majesty and the King of Greece, it could only be denounced as a whole by Ilis Majesty, unless the Greek Government should consent to modify it by cancelling the adherence of the five States concerned.

• No. 7.

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45018.

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