632917-1898-Circular-Despatch-Neutrality-Rules-Spanish-American-War — Page 3

THE HONGKONG GOVERNMENT GAZETTE, 28TH MAY, 1898.

VICTORIA, R.

By the QUEEN.

A PROCLAMATION.

WHEREAS We are happily at Peace with all Sovereigns, Powers, and States:

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And whereas a State of War unhappily exists between His Majesty the King of Spain, and, in His Name and during His Minority, Her Majesty the Queen Regent of the Kingdom, and the United States of America, and between their respective Subjects, Citizens, and others inhabiting within their Countries, Territories, or Dominions :

And whereas We are on Terms of Friendship and amicable Intercourse with each of these Powers, and with their several Subjects, Citizens, and others inhabiting within their Countries, Territories, or Dominious:

And whereas great Numbers of Our Loyal Subjects reside and carry on Commerce, and possess Property and Establishments, and enjoy various Rights and Privileges, within the Dominions of each of the aforesaid Powers, protected by the Faith of Treaties between Us and each of the aforesaid Powers:

And whereas We, being desirous of preserving to Our Subjects the Blessings of Peace, which they now happily enjoy, are firmly purposed and determined to maintain a strict and impartial Neutrality in the said State of War unhappily existing between the aforesaid Powers:

And whereas We are resolved to insure, by every lawful means in Our Power, the due observance by Our Subjects towards both the aforesaid Powers of the Rules embodied in Article VI of the Treaty of the 8th May, 1871, between Us and the United States of America, which said Rules are as follows:-

"A neutral Government is bound---

First. To use due diligence to prevent the fitting-out, arming, or equipping, within its jurisdie- tion, of any vessel which it has reasonable ground to believe is intended to cruize or to carry on War against a Power with which it is at Peace; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruize or carry on War as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use.

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Secondly. Not to permit or suffer either Belligerent to make use of its Ports or Waters as the base of Naval Õperations against the other, or for the purpose of the renewal or augmentation of Military Supplies or Arms, or the Recruitment of Men.

Thirdly. To exercise due diligence in its own Ports and Waters, and, as to all Persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties.”

We, therefore, have thought fit, by and with the advice of Our Privy Council, to issue this Our Royal Proclamation :

And We do hereby strictly charge and command all Our loving Subjects to govern themselves accordingly, and to observe a strict neutrality in and during the aforesaid War, and to abstain from violating or contravening either the Laws and Statutes of the Realm in this behalf, or the Law of Nations in relation thereto, as they will answer to the contrary at their Peril:

And whereas in and by a certain Statute made and passed in a Session of Parliament holden in the 33rd and 34th year of Our reign, intituled "An Act to Regulate the conduct of Her Majesty's Subjects during the existence of Hostilities between Foreign States with which Her Majesty is at Peace," it is, amongst other things, declared and enacted as follows.

This Act shall extend to all the Dominions of Her Majesty, including the adjacent territorial

Waters:

"Illegal Enlistment.

If any person, without the Licence of Her Majesty, being a British Subject, within or without Her Majesty's Dominions, accepts or agrees to accept any Commission or Engagement in the Military or Naval Service of any Foreign State at War with any Foreign State at Peace with Her Majesty, and in this Act referred to as a friendly State, or whether a British Subject or not, within Her Majesty's Dominions, induces any other person to accept or agree to accept any Commission or engagement in the Military or Naval Service of any such Foreign State as aforesaid,-

"He shall be guilty of an Offence against this Act, and shall be punishable by Fine and Impri- sonment, or either of such punishments, at the discretion of the Court before which the Offender is convicted; and Imprisonment, if awarded, may be either with or without Hard Labour.

If any person, without the Licence of Her Majesty, being a British Subject, quits or goes on. board any Ship with a view of quitting Her Majesty's Dominions, with intent to accept any Commis- sion or Engagement in the Military or Naval Service of any Foreign State at War with a friendly