Mr. Chamberlain to the Earl of Aberdeen. DOWNING STREET, 7th August, 1895. MY LORD, I have the honour to transmit for the information of your ministers copies of the "Seal Fisheries (North Pacific) Act, 1895." In framing this Act Her Majesty's Government endeavoured as far as possible to meet the objections urged by your ministers to the Act of 1893, which were conveniently summarized in the draft bill which accompanied the Minute of Council of the 21st of February. You will observe that the Act continues in force for the present the Order in Council of 1894 issued under the Act of 1893, but a new Order in Council embodying the necessary changes is under consideration and copies will be forwarded to you as soon as it has been passed. I have, &c., Governor General, &c., &c., &c. For Act see p. iii., Imperial Statutes, ante. J. CHAMBERLAIN. AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT, THE 24TH DAY OF AUGUST, 1895. Present: THE QUEEN'S MOST EXCELLENT MAJESTY. Marquess of Salisbury. Earl of Coventry. Lord Arthur Hill. WE HEREAS by "The Seal Fisheries (North Pacific) Act, 1895," it is enacted that Her Majesty the Queen may by Order in Council prohibit, during the period specified by the Order, the catching of seals by British ships in such parts of the seas to which that Act applies as are specified by the Order; and that for carrying into effect an arrangement with any foreign State an Order in Council may provide that the powers under the Act of any commissioned officer on full pay in the naval service of Her Majesty the Queen may, subject to any limitations, conditions, modifications, and exceptions specified in the Order, be exercised in relation to a British ship, and the equipment, crew, and certificate thereof, by such officers of the said foreign State as are specified in the Order, and that any such Order may contain any limitations, conditions, modifications, and exceptions which appear to Her Majesty in Council expedient for carrying into effect the object of that Act; Seal Fisheries (North Pacific) Order in Council, 1895. And whereas the said Act applies to the seas within that part of the Pacific Ocean known as Behring Sea, and within such other parts of the North Pacific Ocean as are north of the forty-second parallel of north latitude; And whereas an arrangement has been made between Her Majesty the Queen and His Majesty the Emperor of Russia whereby British ships engaged in hunting seals within such parts of the said seas as are hereinafter specified may be seized by Russian cruisers : Now, therefore, Her Majesty, in virtue of the powers vested in her by the said recited Act, and of all other powers enabling her in that behalf, is hereby pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows: 1. From and after the date of the present Order, until Her Majesty in Council shall otherwise direct, the catching of seals by British ships is hereby prohibited within such parts of the seas to which the recited Act applies as are comprised within the following zones (in this Order referred to as "the prohibited zones"), that is to say: (1.) A zone of ten marine miles on all the Russian coasts of Behring Sea and the North Pacific Ocean; and (2.) A zone of thirty marine miles around the Kormandorsky Islands and Tulénew (Robben Island). 2. The powers under the recited Act of a commissioned officer on full pay in the naval service of Her Majesty may be exercised in relation to a British ship, and the equipment, crew, and certificate thereof, by the captain or other officer in command of any war vessel of His Majesty the Emperor of Russia (hereinafter referred to as an "authorized Russian officer "), but subject to the limitations, conditions, modifications, and exceptions following, that is to say : (1.) The said powers shall not be exercised by an authorized Russian officer, except in relation to British ships engaged in hunting seals within either of the prohibited zones. (2.) A British ship shall not be liable to seizure or detention by an (3.) The powers under section 3 of the recited Act of detaining any por- Powers of Naval Officers in cases of Emergency. proper to be adjudicated in a British court, and also furnish to such officer or authority the evidence sufficient, in the opinion of such officer or authority, for such adjudication; and if the said Russian officer fails to satisfy such officer or authority, or to furnish to such officer or authority such sufficient evidence as aforesaid, the said officer or authority may release the ship. 3.-(1.) Where the commanding officer of a British cruiser receives a British ship from an authorized Russian officer, and is satisfied that there were reasonable grounds for the detention or seizure, and that the case is proper to be adjudicated in a British court, he may exercise the powers conferred by section 4 of the recited Act as if he had himself stopped and examined and detained the ship, and that section shall apply accordingly. (2.) Where the commanding officer of a British cruiser, or a British authority, receives a British ship from an authorized Russian officer, and sends the case for adjudication in a British court, he shall for the purposes of section 76 of "The Merchant Shipping Act, 1894,” be deemed to have himself seized or detained the said ship. 4. For the purposes of this Order, the expression "British authority means any officer of customs in Her Majesty's dominions, and any British consular officer having authority as such in any port or place. 5. "The Seal Fishery (North Pacific) Order in Council, 1894," is hereby revoked, without prejudice to anything done or suffered under that Order. 6. This Order may be cited as "The Seal Fisheries (North Pacific) Order in Council, 1895. " And the Most Honourable the Marquess of Salisbury, K.G., and the Right Honourable Joseph Chamberlain, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty are to give the necessary directions herein as to them respectively appertain. And whereas the immediate operation of this Order is urgent, this Order shall come into operation forthwith, and shall be a Provisional Order within the meaning of the Rules Publication Act, 1893. Vide Canada Gazette, vol. xxix., p. 631. C. L. PEEL. (Circular.) Mr. Chamberlain to the Earl of Aberdeen. DOWNING STREET, 4th November, 1895. MY LORD,-My attention has been called to a doubt expressed in a recent correspondence whether in cases of an apprehended breach of the Foreign Enlistment Act, within the waters of a British colony, it is desirable that the naval officers in those waters should act at once on their own authority, or wait for a requisition from the colonial government. 2. I have considered the question in conjunction with the Secretary of State for Foreign Affairs and the Lords Commissioners of the Admiralty, and Powers of Naval Officers in cases of Emergency. I have to inform you that, as a rule, in cases of suspicion of an intention to commit a breach of the Act, it is necessary for the civil authorities to take action first by moving the naval authority by written request. 3. There may, however, be cases of extreme urgency in which it is desirable that the naval officers should have discretion to act without waiting for the requisition of the civil authorities. Under clause 14 of article 462 of the Queen's Regulations and Admiralty Instructions, naval officers can only act without such requisition in case of a breach of section 7 of the Act, but the Board of Admiralty have thought it desirable to extend this power to breaches of the other sections of the Act if the cases are of extreme urgency admitting of no delay, and have accordingly decided to amend article 462, clause 14, as shown in the circular which is about to be issued to Her Majesty's fleet, a copy of which is inclosed for your information and guidance. I have the honour to be, my Lord, Your Lordship's most obedient, J. CHAMBERLAIN. To His Excellency The Governor General of Canada. Circular letter.) ADMIRALTY. SIR,--My Lords Commissioners of the Admiralty having had under their consideration article 462-clause 14 of the Queen's Regulations and Admiralty Instructions, which relates to breaches of "The Foreign Enlistment Act" and provides that a naval officer shall not exercise authority over any ship without a written requisition from the civil authorities except in a case of emergency, admitting of no delay, of a breach of section 7, have decided that it is desirable to extend naval officers' powers of acting without requisitions from the civil authorities, to breaches of the other sections of the Act if the cases are of extreme urgency, admitting of no delay; article 462, clause 14, is therefore to be amended as shown below. This alteration will be embodied in the Addenda, 1896, but in the meantime it is to be circulated among Her Majesty's ships under your command. I am, etc. To all Commanders-in-chief, Captains, Commanders, and Commanding Officers of H.M. Ships and Vessels. M. 8066, 1894. ARTICLE 462. 14. The commander-in-chief or senior officer present will not exercise authority over any ship unless he shall have received a written requisition or warrant to do so from the civil authorities, except in cases of extreme urgency, admitting of no delay. Vide Canada Gazette, vol. XXIX., p. 1015. |