HC Deb 17 February 1879 vol 243 cc1313-5
SIR HENRY JAMES

asked the Under Secretary of State for Foreign Affairs, If he would state to the House, whether any Ordinance has been published in Cyprus by virtue of which the Law of England will be administered to hybrid subjects in that island; and, if so, the date of such Ordinance; if such Ordinance has been published, what Law was administered in Cyprus prior to its publication and since its occupation by English troops; to what law are the Christian people of other nations residing in Cyprus now subjected; do Her Majesty's Government claim to exclude the jurisdiction of other States over their own subjects in Cyprus; and, whether an English barrister was by the High Commissioner refused permission to appear on behalf of an English subject in a Court of Justice in Cyprus without the permission of the Turkish Minister of Justice; and, if so, whether such refusal meets with the approval of Her Majesty's Government?

MR. BOURKE

Yes, Sir, a temporary Ordinance has been passed by the Legislative Council of Cyprus establishing a High Court. In that High Court jus- tice will be administered in accordance with the law of England, as far as circumstances will admit, and this Court will exercise jurisdiction over British subjects and foreigners. The Ordinance was made on December 21 last, and will be laid upon the Table of the House. With regard to the next Question, the law administered in Cyprus prior to the publication of this Ordinance was that embodied in the Ottoman Codes; but provision has been made for the attendance of the British Commissioners at the trial of all civil and criminal cases to see that justice is done. As to the third and fourth Questions, the answer I have given to the first Question will answer generally both of them; but I must also say that it would be unsatisfactory to give a summary of the exact state of things under the new law in answer to a Question. As to the last Question, an English barrister was refused permission to appear in a Court of Justice on the ground that, according to the Turkish law, it is necessary that the advocates practising in these Courts should submit themselves to the regulations of the Ministry of Justice. That decision was arrived at by Sir Garnet Wolseley, and under the circumstances his conduct has been approved of by Her Majesty's Government. But I may add that before the High Court, now established under a temporary law, barristers will be able to practise provided always they are duly qualified. I may also mention that the measures which have hitherto been taken to secure the proper administration of justice in the Island are of a temporary character, and a comprehensive scheme of judicial reform and re-organization is now receiving the careful consideration of Her Majesty's Government.

SIR HENRY JAMES

asked, Whether the hon. Gentleman would answer more explicitly the fourth Question, with reference to the jurisdiction of other States?

MR. BOURKE

Sir, the Ordinance which has just been passed has not yet come into operation, nor am I aware that it has been published. All I can say is that it has been passed by the Legislative Assembly simply. At present Her Majesty's Government have not seen it in the form in which it has been passed. I am sorry that I cannot answer the Question more definitely, and I must refer the hon. and learned Member to the Ordinance itself, which will be in the hands of hon. Members shortly.