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(This Document is the Property of Her Britannic Majesty's Goverum.
22443
RIC
Reeg 7 OCT 98 382
COLOMBIA.
No.
Gentlemen,
Foreign Office to the Law Officers of the Crown.
Colombia
Foreign Office, December 6, 1895. I HAVE the honour to transmit to you, by direction of the Marquess of Status in Salisbury, the accompanying letter from Messrs. Harries, Wilkinson, and Raikes trading st (Paper A), respecting the status in Colombia of the Trading Corporation of Enrique of Enriqu Cortes and Co.
This Corporation is stated to be an English Limited Company registered under the Companies Acts in 1883. It has registered offices in London, where it carries on business, and has correspondents in Colombia and other South American States. The principal members of the Company are stated to be Colombian citizens, and the shares are mainly, if not entirely, held by persons who are not British subjects.
Messrs. Harries, Wilkinson, and Raikes desire to be informed whether, in these circumstances, if civil war should break out, or there should be other disturbance of public order, British protection would be extended to Messrs. Enrique Cortes and Co., and to their property abroad, if it should be seized or destroyed.
It will be seen from the accompanying Memorandum and Minutes thereon (Taper B), that in 1872 the Law Officers of the Crown were of opinion that firms established in Turkey were entitled to British protection if the members of the firm were British subjects, but not otherwise (see Report of the 15th October, 1872 (Paper C)), and that the status of foreign Companies incorporated under English law was considered by the Law Officers in 1891 in connection with the operation of the most-favoured-nation Article in the Treaty between Great Britain and the Argentine Republic (see Report of the 16th March, 1891 (Paper D)).
These Reports, however, do not exactly meet the point raised by Messrs. Harries, Wilkinson, and Raikes; and I am accordingly to request that you will take the matter into your consideration, and that you will favour Lord Salisbury with your opinion whether Her Majesty's Government may properly protect Messrs. Enrique Cortes and Co., either individually, or as a firm or Company, in the circumstances mentioned in Messrs. Harries, Wilkinson, and Raikes' letter.
I am also to request that you will be so good as to advise his Lordship as to the reply which should be returned to Messrs. Harries, Wilkinson, and Raikes, and that you will favour him with any general observations which you may wish to offer, after consideration of the inclosed papers.
I have, &c.
(Signed)
GEORGE N. CURZON.
Cortes and
List of Papers.
(A.) Messrs. Harries, Wilkinson, and Raikes
November 21, 1895
(B.) Memorandum by Mr. Oakes, and Minutes
27, 29,
(0.) Law Officers' opinion
October
15, 1872
(D.) Ditto
March
(E.) Memorandum by Sir J. Pauncefote (referred to in B).
October
16, 1891 20, 1883
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