CO129-326 - Foreign Office - 1904 — Page 622

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BELLIGERENTS IN NEUTRAL TERRITORY.

CONFIDENTIAL.

[October 15.]

SECTION 1.

No. 1.

619

Law Officers of the Crown to the Marquess of Lansdowne.--(Received October 15.)

Law Officers' Department, October 15, 1904.

My Lord,

WE were honoured with your Lordship's commands, signified to us by Mr. Campbell in his letter of the 17th ultimo, stating that he was directed by your Lordship to bring to our notice the circumstances in which the officers and crew of the Russian torpedo-boat destroyer "Burni" were at present interned at Hong Kong, and to request that we would favour your Lordship with our opinion as to the principle which should be applied in dealing with the officers and crew of the "Burni," and with any general observations which we might offer on the issues involved.

We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to

Report

That we are of opinion that, upon the facts stated, it is within the rights of His Majesty's Government to intern the officers and crew of the "Burni."

We think the true view of the facts is that the loss of the "Burni" was the consequence of the naval operations in progress between the belligerents, and the fact that the Officer in Command destroyed the vessel, apparently to prevent its falling into the hands of the Japanese, seems to support this view.

We do not think, therefore, that the contention of the Russian Government that the present is a case of a crew shipwrecked merely by perils of the seas, and seeking hospitality, can be maintained.

We have, &c. (Signed)

R. B. FINLAY. EDWARD CARSON.

[2205]

Page 619


FO 93.5.1963

Page 620

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BELLIGERENTS IN NEUTRAL TERRITORY. CONFIDENTIAL. [October 15.] SECTION 1. No. 1. 619 Law Officers of the Crown to the Marquess of Lansdowne.--(Received October 15.) Law Officers' Department, October 15, 1904. My Lord, WE were honoured with your Lordship's commands, signified to us by Mr. Campbell in his letter of the 17th ultimo, stating that he was directed by your Lordship to bring to our notice the circumstances in which the officers and crew of the Russian torpedo-boat destroyer "Burni" were at present interned at Hong Kong, and to request that we would favour your Lordship with our opinion as to the principle which should be applied in dealing with the officers and crew of the "Burni," and with any general observations which we might offer on the issues involved. We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to Report That we are of opinion that, upon the facts stated, it is within the rights of His Majesty's Government to intern the officers and crew of the "Burni." We think the true view of the facts is that the loss of the "Burni" was the consequence of the naval operations in progress between the belligerents, and the fact that the Officer in Command destroyed the vessel, apparently to prevent its falling into the hands of the Japanese, seems to support this view. We do not think, therefore, that the contention of the Russian Government that the present is a case of a crew shipwrecked merely by perils of the seas, and seeking hospitality, can be maintained. We have, &c. (Signed) R. B. FINLAY. EDWARD CARSON. [2205] Page 619 FO 93.5.1963 Page 620
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BELLIGERENTS IN NEUTRAL TERRITORY. CONFIDENTIAL. [October 15.] SECTION 1. No. 1. 619 Law Officers of the Croma to the Marquess of Lansdowne.--( Received October 15.) Law Officers' Department, October 15, 1904. My Lord, WE were honoured with your Lordship's commands, signified to us by Mr. Campbell in his letter of the 17th ultimo, stating that he was directed by your Lordship to bring to our notice the circumstances in which the officers and crew of the Russian torpedo- boat destroyer "Burni were at present interned at Hong Kong, and to request that we would favour your Lordship with our opinion as to the principle which should be Burni," and with any general applied in dealing with the officers and crew of the observations which we might offer on the issues involved. و" We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to Report That we are of opinion that, upon the facts stated, it is within the rights of His Majesty's Government to intern the officers and crew of the "Burni.' We think the truc view of the facts is that the loss of the "Burni" was the consequence of the naval operations in progress between the belligerents, and the fact that the Officer in Command destroyed the vessel, apparently to prevent its falling into the hands of the Japanese, seems to support this view. We do not think, therefore, that the contention of the Russiau Government that the present is a case of a crew shipwrecked merely by perils of the seas, and seeking hospitality, can be maintained. We have, &c. (Signed) R. B. FINLAY. EDWARD CARSON. [2205 p-l] 1/ow 90.3.5.1963
2026-06-02 07:04:03 · Baseline
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BELLIGERENTS IN NEUTRAL TERRITORY.

CONFIDENTIAL.

[October 15.]

SECTION 1.

No. 1.

619

Law Officers of the Croma to the Marquess of Lansdowne.--( Received October 15.)

Law Officers' Department, October 15, 1904.

My Lord,

WE were honoured with your Lordship's commands, signified to us by Mr. Campbell in his letter of the 17th ultimo, stating that he was directed by your Lordship to bring to our notice the circumstances in which the officers and crew of the Russian torpedo- boat destroyer "Burni were at present interned at Hong Kong, and to request that we would favour your Lordship with our opinion as to the principle which should be Burni," and with any general applied in dealing with the officers and crew of the observations which we might offer on the issues involved.

و"

We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to

Report

That we are of opinion that, upon the facts stated, it is within the rights of His Majesty's Government to intern the officers and crew of the "Burni.'

We think the truc view of the facts is that the loss of the "Burni" was the consequence of the naval operations in progress between the belligerents, and the fact that the Officer in Command destroyed the vessel, apparently to prevent its falling into the hands of the Japanese, seems to support this view.

We do not think, therefore, that the contention of the Russiau Government that the present is a case of a crew shipwrecked merely by perils of the seas, and seeking hospitality, can be maintained.

We have, &c. (Signed)

R. B. FINLAY. EDWARD CARSON.

[2205 p-l]

1/ow 90.3.5.1963

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