§ Mr. HUGH LAWasked the Secretary of State for Foreign Affairs, whether he has yet received any reply from the Russian Government to his request for the immediate release of Miss Malecka, the British subject imprisoned at Warsaw, in the event of her trial not being held forthwith; and, if so, what is the nature of the reply?
§ The SECRETARY of STATE for FOREIGN AFFAIRS (Sir Edward Grey)The reply of the Russian Government reached His Majesty's Embassy at St. Petersburg on the 30th ultimo, and has just been received here. It states that both Miss Malecka and her father are to be considered Russian subjects in Russia under Articles 325 and 326 of the Russian criminal code, as they never obtained the imperial sanction to renounce Russian nationality. The necessity for obtaining this sanction was extended to the Polish provinces by an Imperial Ukase in 1850, so that it is immaterial whether Dr. Malecka was born in Poland or in Russia proper. The reply points out that the British naturalisation law of 1870 recognises that no person can be validly naturalised as a British subject in so far as that person's country of origin is concerned, if such naturalisation is contrary to the law of that country. The reply 937 promises that the matter will be dealt with as quickly as possible, and adds that Miss Malecka's arrest was the outcome of her political relations with the Polish Socialist party. I cannot well give more of the reply, which is long, in answer to an oral question; but if the hon. Member will put down an unstarred question I will give the substance of the reply at greater length.
§ Mr. H. LAWCan the right hon. Gentleman say if the Russian Government have indicated the date on which the trial will take place?
§ Sir E. GREYNo they have not indicated the date in the reply. They have only said that they will expedite it as much as possible.
Sir GILBERT PARKERMay I ask whether, under the circumstances, the British Consul will be instructed to still watch the case as it proceeds on behalf of the Government?
§ Sir E. GREYThe important part of the reply is that Miss Malecka is not a British subject, but I will instruct the British Consul to do everything consistent with the fact that Miss Malecka is not a British subject in Russia. More than that I cannot do.
§ Mr. MORRELLAre we to understand that the Foreign Office abandon their claim that Miss Malecka is a British subject?
§ Sir E. GREYAs I said in the answer in the reply which has only been just received here, it states the fact which is new to me, that the necessity for obtaining sanction to emigrate from Russia is extended to the Polish Provinces. Until I have had time to investigate I cannot say more.
§ Mr. MORRELLWill the right hon. Gentleman explain how Miss Malecka could obtain sanction considering that she was not born at the time?
§ Sir E. GREYThe question is her father's nationality.
§ Sir WILLIAM BYLESasked whether the Russian Government have yet communicated to him their intention of bringing Miss Malecka to trial; whether the date has yet been fixed; and whether our Government will be represented at the trial?
§ Sir E. GREYThe answer to the first question is in the affirmative; that to the second in the negative; while as regards the third question, a Consular Officer shall be instructed to attend the trial if the Russian Government consents.
§ Mr. MORRELLMay I ask whether not merely the consul but English counsel will foe instructed to have a watching brief and to attend the trial?
§ Sir E. GREYI cannot instruct English counsel.
§ Mr. MORRELLasked whether in the case of Miss Malecka, the Acte d'Accusation, giving particulars of the charge against the prisoner, has yet been received; whether he is aware that until this document has been served it is impossible for the prisoner to apply for bail or obtain any legal advice as to her defence; and whether, in view of the fact that Miss Malecka has already been imprisoned for over four months under these conditions, he will take immediate steps to urge upon the Russian Government either to produce such particulars or to release the prisoner without further delay?
§ Sir E. GREYThe answer to the first question is in the negative. As regards the second, I have no authoritative information as to the law on the point in question. As regards the third, I have just replied to a question asked by the hon. Member for West Donegal, and the hon. Gentleman will have learnt from my answer what the state of the case is at present.
§ Mr. MORRELLAre we to understand this lady has been in prison for eighteen weeks and the Russian Government is still unable or unwilling to produce particulars of the charge against her?
§ Sir E. GREYThe hon. Member ought to understand from my first reply that the Russian Government have put forward a very strong case that she is a Russian subject.
§ Mr. MORRELLIs it not the fact that the British Ambassador made a request for particulars on July 11th, and that no answer was given?
§ Sir E. GREYThat is all based on the assumption that we had the right to claim Miss Malecka as a British subject in Russia. If that assumption cannot be sustained, of course we cannot press the request.
§ Mr. PONSONBYasked whether, in view of the fact that His Majesty's Ambassador at St. Petersburg had been instructed on 13th July to represent to the Russian Government that Miss Malecka should not be kept in prison without the particulars of the charge against her being furnished, and considering that no particulars of the charge, in spite of repeated requests, have yet been given, His Majesty's Government will take steps to press for Miss Malecka's immediate release?
§ Sir E. GREYI am unable to add anything to the replies returned to other hon. Members to-day.