CO129-224 - Foreign Office - 1885 — Page 37

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REGO 3 FEB 85,

No.

The Law Officers of the Crown and Dr. Deane to Earl Granville.-(Received Janaary 29.)

My Lord,

Royal Courts of Justice, January 28, 1885. WE are honoured with your Lordship's commands signified in Sir Julian Pauncefote's letter of the 23rd January, stating that, with reference to our Report of the 22nd ultimo, he was to transmit to us the papers relating to the special telegraphic instructions addressed to the Governors of the Colonies of Hong Kong, Ceylon, and the Straits Settlements for their guidance in enforcing the provisions of the Foreign Enlistment Act during the hostilities then existing between France and China.

That those instructions which had been framed generally on our Reports above referred to, would be found in the Colonial Office letter (inclosure) of the 20th instant. That it was thought desirable to dispatch them without the delay of a further reference and that our opinion was requested as to whether they were proper and sufficient, or whether we considered that they required any modification or addition.

to us,

In obedience to your Lordships commands we have the honour to report-- That we think the instructions sent may give rise to some difficulty.

They direct that coals should only be supplied to belligerent ships in such quantities as would be necessary for moving to "the nearest port where no naval operations are being carried on." And repairs and the supply of provisions are to be limited to such as are strictly necessary to enable belligerent ships to hold the sea on their voyage to such place as aforesaid."

Now the "nearest port" within the unqualified terms of these instructions might be a Chinese port, where no coal or provisions could be obtained by a French ship of war.

During the American War of Secession the prohibition was against a supply of coals greater than would be sufficient to carry the vessels to "the nearest port of their own country, or some nearer destination."

It may be that the local circumstances require some modification of this, but it does not seem satisfactory to limit the supply in the manner provided for by the instructions. It might in some cases be equivalent to a total prohibition, if the nearest port" were a port of the other belligerent, where no hostile operations were carried on.

And if "the nearest port" were another British port, it would involve a double responsibility and oversight on the part of British authorities.

We have, &c.

(Signed)

HENRY JAMES.

FARRER HERSCHELL.

J. PARKER DEANE.

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