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me to request you will inform the Secretary of State that they concur in the terms of the Order in Council, except in the following instances:—

With regard to the second paragraph of Section 42, so far as naval deserters are concerned, the concurrence of their Lordships is accorded on the assumption that the action of the High Court would not interfere with the authority vested in naval officers under Section 50 of the Naval Discipline Act, and that such action would be taken on the initiative of the Naval Authorities.

With reference to Section 46 (4), respecting the deportation of convicted persons, my Lords concur, subject to the condition that the offender shall not be placed on board any one of His Majesty's ships until such ship is on the point of sailing for the port of deportation, and then only when the Officer Commanding notifies that he can be accommodated on board without detriment to the Service.

Adverting to paragraph 4 of your letter above quoted, I am to request you will represent to Mr. Chamberlain that they do not consider that the delimitation of a water area, to be under Admiralty jurisdiction, can be properly dealt with under Section 9 of the Order in Council.

Experience has shown that it is essential, in the first formal regulations of a new Colony, where naval interests form one of the most important considerations, to include clauses distinctly reserving the necessary powers to the Admiralty.

My Lords will therefore be glad if a clause embodying paragraph 2 of the letter from this Department of 7th December last,* could be inserted in the proposed Order in Council, with an additional provision to the effect that these limits may he subsequently altered at the desire of their Lordships.

10522

SIR,

7

No. 12.

COLONIAL OFFICE to MR. A. GRAY.

[Answered by No. 13.]

Downing Street, March 30, 1901. WITH reference to your letter of the 24th December last,* respecting the Wei-hai-wei draft Order in Council, I am directed by Mr. Secretary Chamberlain

Admiralty, December 7. Colonial Office to Admiralty,

February 28.

Admiralty March 22.

Colonial Office to Admiralty, March 30.

to transmit to you a copy of the draft,t as revised by the Law Officers of the Crown, and concurred in by the Secretary of State for War. 2. I am also to enclose a copy of corre- spondence with the Admiralty on the subject, from which you will perceive that it has been decided to insert in the draft Order in Council a clause embodying paragraph 2 of the Admiralty letter of the 7th December last, with the proviso suggested in the last paragraph of the letter of the 22nd instant. 3. I am to ask that you will be so good as to draft a clause or clauses for insertion in the Order in Council, on the lines laid down in the enclosed correspondence with the Admiralty, and to return the draft at your early convenience to this Depart- ment, in order that it may eventually be submitted to His Majesty in Council.

4. I am further to enclose, for convenience of reference, copies of the Gibraltar Orders in Council of the 13th October, 1897, and 7th March, 1898, and of regulations under the last named Order, dealing with a similar question in the case of the fortress of Gibraltar.

I am, &c.,

C. P. LUCAS.

I am, &c.,

EVAN MACGREGOR.

12841

No. 13.

PUBLIC RECORD OFFICE

Reference :-

TTIC.O. 882

10522

SIR,

No. 11.

COLONIAL OFFICE to ADMIRALTY.

Downing Street, March 30, 1901.

I AM directed by Mr. Secretary Chamberlain to acknowledge the receipt of your letter of the 22nd instant,† on the subject of the draft Order in Council for the exercise of His Majesty's jurisdiction at Wei-hai-wei.

2. As regards paragraph 2 of your letter, I am to request you to point out to the Lords Commissioners of the Admiralty that Article 42 of the draft Order in Council, as it stands, does not appear to affect the 50th section of the Naval Discipline Act, which gives a distinct power to Fleet officers to issue warrants for the arrest of offenders against the Act.

3. Mr. Chamberlain is advised that the article referred to does not provide that proceedings shall only be taken on the initiative of the Naval Authorities, but that the High Court could issue a warrant on information received from other persons than naval officers, while naval officers could equally apply to the Court under the Article. 4. It is not proposed that the first part of Article 42 shall be acted upon only on the initiative of the Naval Authorities.

5. In regard to paragraph 3 of your letter, I am to say that Mr. Chamberlain accepts the suggestion relating to Article 46 (4), but considers it a matter for the loral Administration to arrange, rather than for insertion in the draft Order in Council. 6. A clause to the effect suggested in the last paragraph of your letter will be inserted in the draft Order in Council.

I am, &c.,

C. P.. LUCAS.

• No. 1.

† No. 10.

SIR,

MR. A. GRAY to COLONIAL OFFICE. (Received April 12, 1901.)

2, Paper Buildings, Temple, E.C., April 11, 1901. In reply to Mr. Lucas's letter of the 30th March, enclosing copies of corre- spondence with the Lords Commissioners of the Admiralty with regard to the draft Wei-hai-Wei Order in Council, I have the honour to submit the draft of an Article (82) for the purpose of giving effect to the request of the Admiralty for a reservation of part of the harbour water area.

I observe that the provision suggested by the Admiralty in their letter of the 7th December differs considerably from that made in the Gibraltar Order in Council of 1898, and appears to go further than is probably intended. It is proposed that the limited area is to be under the " jurisdiction" of the Naval Authorities, an expression which might be taken to imply that the area was removed from the jurisdiction of the Courts of the territory. The expression used in the Gibraltar Order is "control," which, read with the context, means control as respects anchorage, &c.

In the draft article now submitted the word "control" is substituted for "juris- diction."

The Admiralty article, moreover, makes the reservation absolute, and contains no such provisions for the regulation of matters of detail as are comprised in the Gibraltar Order. Some provision should be made for this purpose, and also, as suggested by the Admiralty, for the alteration from time to time of the limits of the reserved area.

These matters might, I submit, be dealt with by Ordinance so as to render unnecessary further legislation by Order in Council. It is accordingly suggested in the draft article that special powers for dealing with these matters by Ordinance be conferred, and that any Ordinance on this subject made by the Commissioner shall not come into operation until it has been approved by the Admiralty and allowed by the Secretary of State.

I have, &c.,

A. GRAY.

* No. 4. † Not printed.

‡ Nos. 1, 8, 10, and 11.

§ No. 12.

| No. 1.

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

6 PUBLIC RECORD OFFICE, LONDON