CO129-160 - Public Offices - 1872 — Page 229

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Terms of the convention; but were subsidized by a Foreign Government for the Postal Service, they would be entitled to exemption from such liability.

In obedience to Your Lordships' Commands, we have taken these papers into consideration and have the honour to Report.

That in our opinion, French Vessels which are National or the property of the French Government, & vessels which are chartered or subsidized by the French Government, and men employed for "the conveyance of correspondence between French & English Ports" are within the 5th Article of the Postal Convention, and may not on any account be diverted from their especial duty, or be liable to seizure, detention, arrêt de Prince, or embargo.

But it does not follow that such vessels are exempt from the liability attaching to other vessels for damage which they have done in collision; redress in such cases must however be sought through and with the consent (where the liability is disputed, & the question of fact is to be tried), of the French Government.

2. Where a vessel is not within the terms of the convention & not National property, but merely chartered or subsidized by a Foreign Government for the Postal Service, we are of opinion that it has no claim to any exemption whatever.

In giving Your Lordships our opinion upon the two questions which you have directed to be put, we have confined ourselves to the very terms in which those questions & Articles 2, 4, 5 of the Postal Convention are framed.

We think it right to add that whilst we do not agree with the opinion which Mr Rothery has apparently formed that the convention applies only to the routes "named", we are of opinion with him that the routes especially...

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Terms of the convention; but were subsidized by a Foreign Government for the Postal Service, they would be entitled to exemption from such liability. In obedience to Your Lordships' Commands, we have taken these papers into consideration and have the honour to Report. That in our opinion, French Vessels which are National or the property of the French Government, & vessels which are chartered or subsidized by the French Government, and men employed for "the conveyance of correspondence between French & English Ports" are within the 5th Article of the Postal Convention, and may not on any account be diverted from their especial duty, or be liable to seizure, detention, arrêt de Prince, or embargo. But it does not follow that such vessels are exempt from the liability attaching to other vessels for damage which they have done in collision; redress in such cases must however be sought through and with the consent (where the liability is disputed, & the question of fact is to be tried), of the French Government. 2. Where a vessel is not within the terms of the convention & not National property, but merely chartered or subsidized by a Foreign Government for the Postal Service, we are of opinion that it has no claim to any exemption whatever. In giving Your Lordships our opinion upon the two questions which you have directed to be put, we have confined ourselves to the very terms in which those questions & Articles 2, 4, 5 of the Postal Convention are framed. We think it right to add that whilst we do not agree with the opinion which Mr Rothery has apparently formed that the convention applies only to the routes "named", we are of opinion with him that the routes especially...
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Termo of the convention; but was suvardized by a Foreign chartered or su Government for the Portal Service the would be entitled to from such liability In obeduine to Lordships Commando taken these paper into A exemption Your we have over Con sideration and have the honour to Report. That in arr French Vepels which are opinion Nahonal or the property of the Frenew Government, & vessels which are chartered or subsuizzed by the French Govemment, men Employed 5 for "The conveyance pondence between French & of "English Ports are within the 5th Article of the Postal Convention, 4 may not arr any account be diverted from their expecial duty, or be liable to secure, detention. arrét de Pruice. embargo 07 But it does not followd that such repel is experpt from the liability attaching to other 227 may vessels for damage which the have done in collision, redress erv such Cases enust however be sought through & with the consent ( where the liability is disputed, & the question of fact is to be tried), of the French Govemment. 2. Where a vessel is not within the terms of the convention & not National property, but merely Chartered subsidized by a Foreign Govemment for the Postal Service, we are of opinion that the has mo clarin to any exemption whatever. giving your Lordship- our opinion upon the two questioin which гром have directed to be put we have confined omselves terms in which those to to the very questions & Articles 2 4 5 of the Pestal Convention are framed.- We think it right to add that whilst we do not with agree the opinion which Mi Rothery has apparently formed that the convention applies only to the rouses "named, we are routes especially of opinion with him
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Termo of the convention; but

was

suvardized by a Foreign

chartered or su

Government for the Portal Service

the would be entitled to

from such liability

In obeduine to

Lordships

Commando

taken these paper into

A

exemption

Your we have

over

Con

sideration and have the honour

to Report.

That in

arr

French Vepels which

are

opinion

Nahonal

or the property of the Frenew Government, & vessels which are chartered or subsuizzed by the

French Govemment,

men Employed

5 for

"The conveyance pondence between French &

of

"English Ports

are within the 5th

Article of the Postal Convention,

4 may

not

arr

any

account be

diverted from their expecial duty, or be liable to secure, detention.

arrét de Pruice.

embargo

07

But it does not followd that such repel is experpt from the liability attaching to other

227

may

vessels for damage which the have done in collision, redress

erv

such

Cases

enust however be

sought through & with the consent ( where the liability is disputed, & the question of fact is to be tried), of the French Govemment.

2. Where

a

vessel is

not

within the terms of the convention & not National property, but merely

Chartered

subsidized by a Foreign Govemment for the Postal Service,

we are of opinion that the has mo clarin to any exemption whatever.

giving your Lordship- our opinion upon the two questioin which

гром

have directed to be put we have confined omselves terms in which those

to

to the

very

questions & Articles 2 4 5 of the Pestal Convention

are

framed.-

We think it right to add

that whilst we do

not

with

agree

the opinion which Mi Rothery has apparently formed that the convention applies only to the rouses "named, we

are

routes especially

of opinion with him

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