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PUBLIC RECORD OFFICE

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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

mimim... 8859 LONDON

41949.

SIR,

(Confidential.)

140

No. 215.

FOREIGN OFFICE TO COLONIAL OFFICE,

(Received November 25, 1905.)

1

Foreign Office, November 24, 1905. WITH reference to your letters of the 21st August last and of the 6th instant,* I am directed by the Marquess of Lansdowne to transmit to you, to be laid before Mr. Secretary Lyttelton, for his confidential information, a copy of a Report† which has been furnished to his Lordship by the Law Officers of the Crown relating to claims now pending against the Russian Government in respect of various British vessels captured, sunk, or otherwise destroyed by the public ships of Russia during the course of the late war.

In this connection I am also to enclose copies of letters which have in consequence been addressed to Messrs. Rankin, Gilmour, and Co., the owners of the steam-ship "St. Kilda," and to Messrs. Parker, Garrett, and Co., who are the representatives of cargo owners and others interested in the vessel, and, with reference to the claims which were enclosed in your letters above referred to, I am to suggest that, in accord- ance with the last paragraph of the latter communication, the Governor of Hong Kong should be instructed to advise the claimants to make common cause in instituting proceedings before the Russian Prize Court, and to employ the same lawyer to represent their several interests.

The original enclosures in your letters are accordingly returned herewith.

Enclosure 1 in No. 215.

I am, &c.

F. A. CAMPBELL.

GENTLEMEN,

Foreign Office, November 24, 1905. WITH reference to your letter of the 7th September last, I am directed by the Marquess of Lansdowne to state that his Lordship has had under his careful considera- tion, in communication with the Law Officers of the Crown, the question of the presenta- tion to the Russian Government of the claims put forward by you in connection with the sinking of the "St. Kilda" by the Russian fleet in June last.

am to inform you that, as at present advised, his Lordship is of opinion that the course already advocated by His Majesty's Ambassador at St. Petersburg, of presenting these claims in the first instance to a Prize Court, should be adopted. It is believed that the Prize Court at Libau will be the competent Court to deal with the case. Prize Court is clearly the appropriate Tribunal for determining all questions as to the character of the cargo and as to the subsequent destruction of the vessel and of her cargo. Should it be decided by the Prize Court that the cargo was innocent, compensation will presumably be awarded by that Tribunal for the destruction of vessel and cargo.

141

Enclosure 2 in No. 215,

GENTLEMEN,

Foreign Office, November 24, 1905. WITH reference to your letters of the 16th August, 12th September, and 9th October last, I am directed by the Marquess of Lansdowne to state that his Lordship has had under his careful consideration, in communication with the Law Officers of the Crown, the question of the presentation to the Russian Government of the claims put forward by you on behalf of owners of cargo and others in connection with the sinking of the "St. Kilda " by the Russian fleet in June last.

I am to inform you that, as at present advised, his Lordship is of opinion that the course, already advocated by His Majesty's Ambassador at St. Petersburg, of presenting these claims in the first instance to a Prize Court should be adopted.

It is believed that the Prize Court at Libau-will be the competent Court to deal with the case, and a Petition should be addressed to it in conformity with Rule 88 of the Russian Naval Prize Regulations, of which a copy is enclosed. A Prize Court is clearly the appropriate Tribunal for determining all questions as to the character of the cargo,. and as to the subsequent destruction of the vessel and her cargo. Should it be decided by the Prize Court that the cargo was innocent, compensation will presumably be awarded by that Tribunal for the destruction of ship and cargo.

of

"

I am, however, to state that His Majesty's Government will, regardless of the finding any Prize Court to the effect that such destruction was justifiable in the circum- stances, reserve the right to claim compensation for the destruction of the "St. Kilda on the broad principle that the sinking of a neutral vessel is opposed to recognized doctrines of international law.

The claims enclosed in your three letters above referred to are accordingly returned herewith.

A similar communication has been addressed to the owners of the "St. Kilda," and I am to add that it is for the various parties interested in the case to consider whether they will not make common cause in instituting proceedings in the Prize Court, and employ the same lawyer to represent their several interests.

I am, &c.

Messrs. Parker, Garrett, and Co.,

St. Michael's Rectory, Cornhill, E.C.

41949.

A

No. 216.

COLONIAL OFFICE TO FOREIGN OFFICE.

[Answered by No. 217.]

(Confidential.)

SIR,

I am, however, to state that His Majesty's Government will, regardless of the finding of any Prize Court to the effect that the sinking of the vessel was in the circumstances justifiable, reserve the right to claim compensation for the destruction of the

St. Kilda "

on the broad principle that the sinking of a neutral vessel is opposed to recognized doctrines of international law.

The claim which was enclosed in your letters of the 21st June and 4th August last is accordingly returned herewith.

A similar communication has been addressed to the representatives of claimants in respect of the cargo, &c., on board the vessel; and I am to add that it is for the parties interested in the case of the "St. Kilda" to consider whether they will not make common cause in instituting proceedings in the Prize Court, and employ the same lawyer to represent their several interests.

Messrs. Rankin, Gilmour, and Co.

I am, &c.

• No. 218 and L. F. transmitting a copy of No. 214.

↑ No. 21 in Vol. VII of Law Officers* Opinions.

F. A. CAMPBELL.

F. A. CAMPBELL.

Downing Street, December 2, 1905.

I AM directed by Mr. Secretary Lyttelton to acknowledge the receipt of your confidential letter of the 24th ultimo, forwarding copy of a Report from the Law Officers of the Crown relating to claims now pending against the Russian Government in respect of British vessels detained or destroyed during the course of the late war, and to request you to lay before the Marquess of Lansdowne the accompanying draft of a despatcht which, with his Lordship's concurrence, it is proposed to address to the Governor of Hong Kong on the subject.

I am at the same time to enquire whether any representations are being made to the Russian Government as regards the violation of the mails on board the "St. Kilda," and the abstraction of a registered letter from Singapore addressed to the Japanese Foreign Office.

• No. 215.

I am, &c.

C. P. LUCAS.

† See No. 218.