plus sérieux, ce qui ne paraît pas logique. Le plus simple est donc de confier toujours au Commissaire-Résident le droit de prononcer la résiliation, en remettant à sa sagesse le soin d'apprécier les circonstances. Il convient d'ailleurs de ne point se méprendre sur la portée de cette modification. Vous donnerez comme instructions formelles au Commissaire-Résident de n'user de ses pouvoirs, en pareille matière, qu'avec une grande circonspection. En règle générale, il devra avoir adressé au moins deux avertissements par écrit à l'employeur avant de prononcer une rupture de contrat. Si, dans un cas d'urgence, il juge indispensable de passer outre à cette formalité, il devra immédiatement vous en rendre compte par un rapport motivé, et vous ferez une enquête sur l'affaire, vous tracerez très exactement à votre subordonné ses devoirs à cet égard, afin d'éviter tout arbitraire. J'ajoute, en terminant, que je vous prie de me tenir au courant des mesures que vous aurez prises en exécution des présentes instructions. No. 2. Sir Edward Grey to M. Geoffray. M. LE MINISTRE, Foreign Office, August 29, 1907. THE British Delegates on the Anglo-French Commission, which met in London in May last to discuss the arrangements to be made under Article X, § 4, of the Convention of the 20th October, 1906, respecting the New Hebrides, have submitted the results of their discussions to His Majesty's Govern ment. I have now the honour to inform you that His Majesty's Government approve the recommendations of the Commission, and I am glad at the same time to be able to record my appreciation of the conciliatory spirit in which its discussions were carried on. His Majesty's Government concur fully in the Regulations drawn up in order to give effect to Article X (4) of the New Hebrides Convention, which are annexed hereto (Annex 1). These Regulations will be considered as forming part of the aforesaid Article X, and will be promulgated simultaneously with that Article. In accordance with recommendations made after semiofficial discussions between the Representatives of the two VOL. XXV. X Governments, His Majesty's Government will instruct the British High Commissioner to omit from the text of the Convention to be published and made binding on British subjects in the Group the following words which occur in Article LI (4) "after two written warnings addressed to the employer," provided that the French Government deal similarly with the corresponding words in the French text: "après deux avertissements donnés par écrit à l'engagiste." His Majesty's Government have communicated to the British High Commissioner the accompanying Special Instructions relating to the Labour Regulations, and will communicate the General Instructions, the text of which is annexed hereto (Annexes 2 and 3), as soon as the French Government have informed His Majesty's Government that they have communicated, or are prepared to communicate, similar instructions to the French High Commissioner. His Majesty's Government will authorize the British High Commissioner to postpone, with the concurrence of the French High Commissioner, the promulgation of Articles IX (2), XI to XIX inclusive, XXI to XXVII inclusive, LVI (3), LX (3 and 4), and LXI (2) until the Judges of the Joint Court have entered upon their duties in the Group. British subjects, guilty of infringing the provisions of the Convention or the Regulations which the High Commissioners may make in order to give effect to them, will, for the time being, be prosecuted in accordance with Article XX and with the provisions previously in force before the British judicial authority, it being understood that the French Government will deal in a similar manner with French citizens. His Majesty's Government take this opportunity to place on record the fact that the words "land suits" and "litiges immobiliers," which form the subject of provisions in Article XXII and following Articles of the Convention, include suits with regard to mines, minerals, and everything under the surface of the soil. I have, &c. E. GREY. ANNEXES. 1. Regulations respecting salaries, &c., of members of the Joint Court in the New Hebrides. 2. General instructions. 3. Instructions relating to the Labour Regulations. ANNEX 1. Joint Regulations* respecting Salaries, &c., of Members of the Joint Court in the New Hebrides. THE Undersigned, Louis Mallet, Assistant Under-Secretary of State for Foreign Affairs, Companion of the Most Honourable Order of the Bath; Frederick Fitchett, Doctor of Laws, Solicitor-General for New Zealand; Jean Weber, Sous-Chef de Bureau at the Ministry for the Colonies; le Comte de Manneville, First Secretary French Embassy in London, delegated respectively by the Government of His Britannic Majesty and the Government of the French Republic in order to draw up, in conformity with paragraph 4 of Article X of the Convention respecting the New Hebrides, signed in London the 20th October, 1906, arrangements as to the salaries, travelling allowances, leave, acting appointments, and in general all matters relating to the working of the Joint Court, have agreed to the following provisions, which they have resolved to submit to the approval of their respective Governments: Joint Regulations of the British and French Governments under Article X (4). I.-Salaries. The salary of the President of the Joint Court shall be 9001. per annum. The salaries of the British and French Judges shall be 7001. each per annum. Public Prosecutor shall be 7007. per annum. The salary of the The salary of the Registrar shall be 4007. These officers shall also be entitled to free quarters. The salaries of the staff of the Joint Court shall be fixed by the President, subject to the approval of the two High Com missioners. II.—Passages and Travelling. Free passages (first class) shall be provided for the President of the Joint Court, the British and French Judges, the Public Prosecutor, and the Registrar from their place of residence to the New Hebrides. They shall further be entitled to half-pay from the date of embarkation, and to full pay from the date of arrival in the Signed also in French. New Hebrides. Similar allowances shall be granted on the ultimate return home of those officers, upon determination of their appointments for any other reason than misconduct, provided they have served not less than three years, or return home on the ground of ill-health. They shall also, when travelling in the Group in the performance of their official duties, receive actual expenses of transport, together with 11. subsistence allowance for each night on land and 5s. for each night at sea. III.-Leave. Subject to the consent of the two High Commissioners, the officers mentioned in Article II may be granted leave on halfpay up to one-sixth of their resident service; but in the absence of special ground such leave shall not be granted before the completion of three years' service in the New Hebrides, nor thereafter at less than yearly intervals, nor for more than twelve months at any one time. When the leave taken is not less than six months, the officers shall be entitled to a free passage to their own country and back. IV.-Age Limit. Except in special cases, and with the express consent of the two High Commissioners, retirement shall be compulsory at the age of 60. V.-Pensions. No member or officer of the Joint Court shall be entitled to a pension from New Hebrides funds. VI.-Acting Arrangements. In the absence or incapacity of the President of the Joint Court, the Public Prosecutor shall act for him. In the absence or incapacity of the British or French Judge, a substitute shall be appointed by the British or French High Commissioner respectively. In the absence or incapacity of the Public Prosecutor, the Registrar shall act for him. In view of this provision, the Registrar shall not be either a British subject or a French citizen and must possess the necessary legal qualifications. In the absence or incapacity of the Registrar, the President shall appoint a suitable substitute, irrespective of nationality. Officers while holding acting appointments shall, if they are already on the staff of the Joint Court, receive a salary equal to half the combined salaries of their own post and of the officer for whom they are acting. If not members of the staff of the Joint Court when appointed, they shall be entitled to the same emoluments as the person for whom they are acting would have received. VII.—Business of the Joint Court and Powers of the President. All arrangements for the sittings of the Joint Court and the conduct of its business shall be made by the President. The Registrar and staff of the Joint Court shall be under the control of the President, but their appointment shall not be revocable by him except with the concurrence of the two Resident Commissioners. VIII.-General. Subject to the approval of the two Governments, the two High Commissioners shall arrange jointly for all matters relating to the Joint Court not covered by the preceding Regulations. Done in duplicate at London, the 17th May, 1907. LOUIS MALLET. FRED. FITCHETT. H. DE MANNEVILLE. ANNEX 2. GENERAL INSTRUCTIONS TO THE BRITISH HIGH COMMISSIONER WITH REGARD TO THE APPLICATION OF THE CONVENTION OF OCTOBER 20, 1906. Draft of Despatch from the Earl of Elgin to High Commissioner Sir E. im Thurn. SIR, Downing Street, September *1907. I HAVE already informed you that His Majesty's Government have decided to leave to the High Commissioner for the Western Pacific the control of the affairs of the New Hebrides, * This despatch was duly sent off to the High Commissioner on the 26th September. For corresponding Instructions to French High Commissioner, see page 291. |