CO129-230 - Public Offices & Others - 1886 — Page 170

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

Lovt in this matter so far as they can legally do so, & I will proceed to explain the position of Amfort with ref. to the Postal Convention with France of 1856, & a similar Convention with Belgium of Feb. 17, 1876, both of which contain the same provision granting the Privileges of ships of war to subsidized Postal vessels.

From the time when the French line of the messageries Maritimes first began to run to India & China, difficulties have constantly arisen in the application of Art. I of the French Convention, by reason the Commanders of the Steamers insisting, with the support of French Consuls, upon exercising the privileges conferred by it in their strictest sense so as to defeat the course of criminal justice & to deprive, in certain cases, private individuals of their civil remedies.

In 1878 a case of collision arose at Dover between a subsidized Postal Vessel of Belgium "Le Parlement belge" & the Brit. Steam tug "Daring", which raised the question of the privileges granted by the Belgian Postal Convention before the Tribunals in this country. The Courts held that it was not competent for the Crown, without authority of Parlt., to clothe these subsidized vessels with the immunities of foreign ships of war, so as to deprive British Subjects of their right to proceed against them for the Enforcement of their legal rights.

That decision has naturally added to the difficulty of the situation; & a voluminous correspondence has taken place bet. the Brit. & French Govts.

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Lovt in this matter so far as they can legally do so, & I will proceed to explain the position of Amfort with ref. to the Postal Convention with France of 1856, & a similar Convention with Belgium of Feb. 17, 1876, both of which contain the same provision granting the Privileges of ships of war to subsidized Postal vessels. From the time when the French line of the messageries Maritimes first began to run to India & China, difficulties have constantly arisen in the application of Art. I of the French Convention, by reason the Commanders of the Steamers insisting, with the support of French Consuls, upon exercising the privileges conferred by it in their strictest sense so as to defeat the course of criminal justice & to deprive, in certain cases, private individuals of their civil remedies. In 1878 a case of collision arose at Dover between a subsidized Postal Vessel of Belgium "Le Parlement belge" & the Brit. Steam tug "Daring", which raised the question of the privileges granted by the Belgian Postal Convention before the Tribunals in this country. The Courts held that it was not competent for the Crown, without authority of Parlt., to clothe these subsidized vessels with the immunities of foreign ships of war, so as to deprive British Subjects of their right to proceed against them for the Enforcement of their legal rights. That decision has naturally added to the difficulty of the situation; & a voluminous correspondence has taken place bet. the Brit. & French Govts.
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Lovt in this matter so far as o they can legally do so, & I will proceed to explain the position of Amfort with ref. to the Postal Convention with France of 1856, No a similar Conon with Belgium of Feb. 17. 1876, both of which contain the same provision granting the Privileges of ships of war to subsidized Postal vessels. From the time when the French line of the messegesies Maritimes first began to рип to India t China, difficulties have constantly arisen in the application of q > art. I of the French Convention, by reason the Commanders of the Steamers that C. insisting, with the support of drench Conculs, upon Exercising the privileges conferred by it in their strictest sense Fro as to defeat the course of criminal justice X 169 Ito deprive, in certain cases private individuals of their civil remedies. In 1878 a case of collision arose at Dover between a aubsidized Postal Kessel of Belgium "Le Parlement belge & the Brit. Sheana tug "Daring", which raised the question of the privileges granted by the Belgian Postal Convention before the Tribunals in this country. The Courts held that it was not competent for the Crown, without authority of Parlt, to clothe these subsidized vessels with the immunities of foreign ships of was, so as to deprive British Subjects of their right to proceed against them for the Enforcement of their legal rights That decision has naturally, added to the difficulty of the situations; & a voluminous correspre has taken place bet. the Brit. #French foots
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Lovt in this matter so far as o they can legally do so, & I will proceed to explain the position of

Amfort with ref. to the Postal Convention with France of 1856, No a similar Conon with Belgium

of

Feb. 17. 1876, both of which contain the same provision granting the Privileges of ships of war to subsidized

Postal vessels.

From the time when the French line of the messegesies Maritimes

first began

to

рип

to

India t

China, difficulties have constantly arisen in the application of

q

>

art. I

of

the French Convention, by reason the Commanders of the Steamers that C. insisting, with the support of drench Conculs, upon Exercising the privileges conferred by it in

their strictest sense Fro as

to

defeat the course of criminal justice

X

169

Ito deprive, in certain cases private individuals of their civil remedies. In 1878 a case of

collision arose at Dover between

a

aubsidized Postal Kessel of Belgium "Le Parlement belge & the Brit. Sheana tug "Daring", which raised the question of the privileges granted by the Belgian Postal Convention before the Tribunals in this country. The Courts held that it was not competent for the Crown, without authority of Parlt, to clothe these subsidized vessels with the immunities of foreign ships of was, so as to deprive British Subjects of their right to proceed against

them for the Enforcement of their legal rights

That decision has naturally, added to the difficulty of the situations; & a voluminous correspre has taken place bet. the Brit. #French foots

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