CO129-272 - Governor Sir Robinson - 1896 [5-9] — Page 206

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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Enclosure 5

Minute by the Attorney General.

14755

READ

Red 13 96

202

In the first volume of Phillimore's International Law 3rd Edition p.473 it is stated:-

"Long usage and universal custom entitle every foreign ship of war to be considered as a part of the territory to which she belongs and to be exempt from any other jurisdiction."

and at page 479 it is added: -

"The privilege is extended by the reason of the thing to boats, tenders and all appurtenances of a ship of war but does not cover offences against the territorial law committed on shore though the commanders of vessels are entitled to be apprised of the circumstances attending and causes justifying the arrest of any one of their crew and to secure to them through the agency of diplomatic or Consular ministers the administration of justice."

It seems to be that although the men might legally have been served with summons while on shore, there is no right to serve such a summons on board a foreign Man-of-War in our harbour. I take it the Queen's writ does not run on board that Man-of-War any more than it would in the foreign country itself.

Yet the summons commands (the men) in Her Majesty's name to be and appear before the Magistrate at ... o'clock etc., and that command is given on board the Man-of-War by delivering the summons.

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Enclosure 5 Minute by the Attorney General. 14755 READ Red 13 96 202 In the first volume of Phillimore's International Law 3rd Edition p.473 it is stated:- "Long usage and universal custom entitle every foreign ship of war to be considered as a part of the territory to which she belongs and to be exempt from any other jurisdiction." and at page 479 it is added: - "The privilege is extended by the reason of the thing to boats, tenders and all appurtenances of a ship of war but does not cover offences against the territorial law committed on shore though the commanders of vessels are entitled to be apprised of the circumstances attending and causes justifying the arrest of any one of their crew and to secure to them through the agency of diplomatic or Consular ministers the administration of justice." It seems to be that although the men might legally have been served with summons while on shore, there is no right to serve such a summons on board a foreign Man-of-War in our harbour. I take it the Queen's writ does not run on board that Man-of-War any more than it would in the foreign country itself. Yet the summons commands (the men) in Her Majesty's name to be and appear before the Magistrate at ... o'clock etc., and that command is given on board the Man-of-War by delivering the summons.
Baseline (Original)
Enclosure 5 Minute by the Attorney General. 14755 READ Red 13 96 202 In the first volume of Phillimore's International haw 3rd. Edition p.473 it is stated:- "Long usage and universal custon entitle every forsion shin af "war to be considered as a part of the which she belongs "and to be exempt from any other jurisdiction." and at page 479 it is added: - "The privilege is extended by the reason of the thing to boats, "tenders and all appurtenances of a ship of war but does not cover "offences against the territorial law committed on shore though "the connanders of vessels are entitled to be apprised of the "circunstances attending and causes justifying the arrrest of any "one of their crew and to secure to then through the agency of "aiplomatic or Consular ministers the administration of justice." It seems to be that although the men right legally the have been servedwith sunnons while on shore, there is no right vadhith to serve such a summons on board a foreign Man of-War in our harbour.I take it the Queen's writ does not run on board that Man-of-War any more than it would in the foreign country itself. Yet the summons "Coanands (the men) in Her Majesty's name to be and appear before the Magistrate at $1 o'clock etc., and that command is given on board the Man-of-War by delivering the sun-
2026-05-27 20:11:07 · Baseline
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Enclosure 5

Minute by the Attorney General.

14755

READ

Red 13 96

202

In the first volume of Phillimore's International haw 3rd.

Edition p.473 it is stated:-

"Long usage and universal custon entitle every forsion shin af

"war to be considered as a part of the

which she belongs

"and to be exempt from any other jurisdiction."

and at page 479 it is added: -

"The privilege is extended by the reason of the thing to boats,

"tenders and all appurtenances of a ship of war but does not cover

"offences against the territorial law committed on shore though

"the connanders of vessels are entitled to be apprised of the

"circunstances attending and causes justifying the arrrest of any

"one of their crew and to secure to then through the agency of

"aiplomatic or Consular ministers the administration of justice."

It seems to be that although the men right legally

the

have been servedwith sunnons while on shore, there is no right

vadhith

to serve such a summons on board a foreign Man of-War in our

harbour.I take it the Queen's writ does not run on board that

Man-of-War any more than it would in the foreign country itself.

Yet the summons "Coanands (the men) in Her Majesty's name to be

and appear before the Magistrate at

$1

o'clock etc., and that

command is given on board the Man-of-War by delivering the sun-

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