Majesty's Principal Secretaries of State, the President of the Probate, Divorce, and Admiralty Division of the High Court of Justice, all other Judges of His Majesty's Prize Courts, and all Governors, Officers, and Authorities whom it may concern, are to give the necessary directions herein as to them may respectively appertain. ALMERIC FITZROY. NOTE addressed by the British Government to Neutral Representatives in London respecting the Withdrawal of the Declaration of London Orders in Council.London, July 7, 1916.* THE Secretary of State for Foreign Affairs presents his compliments to the United States Ambassador,† and has the honour to transmit herewith, for the information of the United States Government, the text of an Order in Council of to-day's date, effecting a change in the rules hitherto adopted by His Majesty's Government to govern their conduct of warfare at sea during the present hostilities. A memorandum which has been drawn up by the British and French Governments is also enclosed explaining the grounds for the issue of this Order. Foreign Office, July 7, 1916. Memorandum. APPLIQUES à conformer leur conduite aux principes du droit international, les Gouvernements alliés ont pensé, au début de la guerre actuelle, qu'ils trouveraient dans la Déclaration de Londress un corps de doctrine et un recueil de règles pratiques. Ils décidèrent en conséquence d'en adopter les stipulations, non qu'elle eût en elle-mêm * From Parliamentary Paper, † Also sent to other neutral + Page 236. AT the beginning of the present war the Allied Governments, in their anxiety to regulate their conduct by the principles of the law of nations, believed that in the Declaration of London they would find a suitable digest of principles and compendium of working rules. They accordingly decided to adopt the provisions of the Declaration, not "Miscellaneous No. 22 (1916)."' force de loi à leur égard, mais parce qu'elle semblait présenter dans ses grandes lignes un exposé des droits et des devoirs des belligérants, appuyés sur l'expérience des guerres maritimes du passé. Le développement de la lutte actuelle, d'une ampleur et d'un caractère insoupçonnés, a démontré que l'effort qui avait été tenté à Londres pour déterminer en temps de paix non seulement les principes du droit, mais aussi les modalités de leur application, n'avait pas abouti à un résultat entièrement satisfaisant. Ces règles, en effet, sans conférer toujours aux neutres de plus larges garanties, ne donnent pas aux belligérants les moyens les plus efficaces pour exercer les droits qui leur sont reconnus. A mesure que les événements se déroulaient, les belligérants du groupe germanique redoublaient d'habileté pour desserrer l'étreinte qui les enserre et rouvrir la voie des ravitaillements; leurs artifices compromettaient le commerce inoffensif des neutres et le rendaient suspect d'intentions hostiles. D'autre part, les progrès de tout genre accomplis dans l'art militaire et naval, la création d'engins nouveaux, la centralisation par les belligérants germaniques de la totalité de leurs resources aux fins militaires créaient des conditions très différentes de celles des guerres maritimes du passé. L'application des règles de la Déclaration de Londres ne devait pas résister à l'épreuve as in itself possessing for them the force of law, but because it seemed to present in its main lines a statement of the rights and the duties of belligerents based on the experience of previous naval wars. As the present struggle developed, acquiring a range and character beyond all previous conceptions, it became clear that the attempt made at London in time of peace to determine, not only the principles of law, but even the forms under which they were to be applied, had not produced a wholly satisfactory result. As a matter of fact, these rules, while not in all respects improving the safeguards afforded to neutrals, do not provide belligerents with the most effective means of exercising their admitted rights. As events progressed, the Germanic Powers put forth all their ingenuity to relax the pressure tightening about them and to reopen a channel for supplies; their devices compromised innocent neutral commerce and involved it in suspicions of enemy agency. Moreover, the manifold developments of naval and military science, the invention of new engines of war, the concentration by the Germanic Powers of the whole body of their resources on military ends, produced conditions altogether different from those prevailing in previous naval wars. The rules laid down in the Declaration of London could not stand the strain imposed Les Alliés déclarent solennellement et sans réticence qu'ils continueront à observer ces principes aussi bien dans l'action de leurs croisières que dans les jugements de leurs Cours de Prises; que, fidèles à la parole donnée, ils se conformeront notamment aux dispositions des conventions internationales sur le droit de la guerre; que, respectueux des lois de l'humanité, ils repoussent loin d'eux l'idée de menacer l'existence des noncombattants; qu'ils ne porteront à la propriété des neutres aucune atteinte injustifiée; et que, si un dommage était causé par leur action navale à des négociants de bonne foi, ils seront toujours disposés à examiner les réclamations et à accorder les réparations légitimes. by the test of rapidly changing conditions and tendencies which could not have been foreseen. The Allied Governments were forced to recognise the situation thus created, and to adapt the rules of the Declaration from time to time to meet these changing conditions. These successive modifications may perhaps have exposed the purpose of the Allies to misconstruction; they have therefore come to the conclusion that they must confine themselves simply to applying the historic and admitted rules of the law of nations. The Allies solemnly and unreservedly declare that the action of their warships, no less than the judgments of their Prize Courts, will continue to conform to these principles; that they will faithfully fulfil their engagements and in particular will observe the terms of all international conventions regarding the laws of war; that, mindful of the dictates of humanity, they repudiate utterly all thought of threatening the lives of noncombatants; that they will not without cause interfere with neutral property; and that if they should, by the action of their fleets, cause damage to the interests of any merchant acting in good faith, they will always be ready to consider his claims and to grant him such redress as may be due. RULES OF COURT made under Article 119 of "The China Order in Council, 1904,"* and under Article 4 of "The China (Companies) Order in Council, 1915." + -Shanghai, July 10, 1916. The following Rules of Court, made by the Judge and hereby declared with the approval of the Minister to be urgent, are published for general information. H. W. DE SAUSMAREZ, Shanghai, July 17, 1916. [No. 2 of 1916.] His Britannic Majesty's Judge. CHINA (COMPANIES) RULES OF COURT, 1916, No. 2. 1. WHEN a China Company, which has its principal place of business elsewhere than in the district of the Consulate of Shanghai, is ordered by the Supreme Court to be wound up, the Provincial Court of the District where its principal place of business is situated, shall, if the Supreme Court so order, be substituted for the Registrar of the Supreme Court under the ordinances and Rules of Court. 2. Any party aggrieved by an order made by a Provincial Court in virtue of the jurisdiction conferred by these rules may move the Supreme Court to set aside or discharge such order by filing a notice of motion in the Provincial Court within fourteen days of the date of the order complained of. 3. These Rules may be cited as "The China (Companies) Rules of Court, 1916, No. 2," and shall be included in the China Rules of Court, 1905 to 19167. H. W. DE SAUSMAREZ, Shanghai, July 10, 1916. His Britannic Majesty's Judge. BRITISH LETTERS PATENT passed under the Great Seal of the United Kingdom amending Letters Patent of January 31, 1914,8 providing for the Government of the Colony of Fiji.-Westminster, July 20, 1916. George V. by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India; To all to whom these presents shall come, Greeting. WHEREAS by certain Letters Patent passed under the Great Seal of our United Kingdom bearing date the 31st day of * Vol. XCVII, page 150. † Vol. CIX, page 363. Page 109. § Page 68. January, 1914, we did constitute the office of Governor and Commander-in-Chief (who is hereinafter referred to as the Governor) in and over our Colony of Fiji (hereinafter referred to as the Colony) and did make provision for the constitution of a Legislative Council in and for the Colony: And whereas we are minded to make other provision in regard to the said Legislative Council and the precedence of the members thereof : Now, therefore, we do hereby revoke Articles 7, 8, 11, 13 and 14 of the aforesaid Letters Patent of the 31st day of January, 1914, but without prejudice to anything lawfully done thereunder; And we do declare our will and pleasure and direct and enjoin that from the date of the coming into operation of these our Letters Patent the aforesaid Letters Patent of the 31st day of January, 1914, shall be construed and take effect as if, instead of the above-mentioned Articles, the following articles had been inserted therein :— "7. The Legislative Council shall consist of the Governor as President, not more than twelve nominated members, seven elected members, and two native members." "8. The nominated members of the Legislative Council, of whom eleven shall be persons holding public offices in the Colony, and one may be a British subject not holding any such office, shall be such persons as the Governor may from time to time by instrument under the Public Seal of the Colony appoint, subject to our disallowance or confirmation through a Secretary of State. The nominated members of the Council shall hold their places therein during our pleasure, and shall in any case vacate their seats at the next dissolution of the Council after their appointment." "II. The members of the Legislative Council shall take precedence as follows: "(1.) First the nominated members holding public offices in the Colony, according to their seniority in the Executive Council, or, if they are not members thereof, according to the priority of their respective appointments, or, if appointed by the same instrument, according to the order in which they are named therein." "(2.) Secondly, the elected and native members according to the length of time during which they have been continuously members of the Legislative Council, members elected or appointed at the same general election being deemed to have become members of the Council at the same time and taking precedence amongst themselves according to the alphabetical order of their names." "(3.) Thirdly, any nominated member not holding public office in the Colony." |