§ Mr. MORRELLasked the Secretary of State for Foreign Affairs, whether he has received from the British Consul any particulars of his recent interview with Miss Malecka in the prison at Warsaw; whether lunder the regulations of the Russian Government the conversation at this interview had to be in German; and whether the Foreign Office have yet obtained from the Russian Government any particulars of the charge upon which Miss Malecka is imprisoned?
§ The SECRETARY of STATE for FOREIGN AFFAIRS (Sir E. Grey)The reply to the first question is in the affirmative. The Consul received permission to make the visit in his private capacity. In the course of the interview Miss Malecka gave the Consul certain information as to her birth and parentage. She also stated that the food given her was good, but that the quantity was small. Her friends had, however, supplemented the diet sufficiently, and that, with the remittances which the Consul had transmitted to her, was enough at present for her wants. She asked the Consul to reimburse her friends who had sent her food. She also made a few requests about her clothing and effects, the details of which are not reported. The charge is that of conspiring against the Russian Government; no further details are yet forthcoming so far as I am aware. It was stipulated that the conversation at the interview should be in German, but I am not certain from the Consul's Report whether this condition was imposed by the regulations of the Russian Government or by the local authorities.
§ Mr. MORRELLCan the right hon. Gentleman tell me whether the Government have yet demanded, or asked for, particulars of the charge against this lady?
§ Sir E. GREYThere is another question for Thursday. If the hon. Member will ask his question on Thursday I will answer the two.
§ Mr. MORRELLCan the right hon. Gentleman also explain whether the visit of the British Consul to this lady was or was not unofficial?
§ Sir E. GREYYes, Sir, because the Russian Government has not yet admitted that she has ceased to be a Russian subject and under Russian law.
§ Mr. MORRELLCan the right hon. Gentleman tell me, if no definite charges are soon forthcoming, the Foreign Office will be prepared to ask for the release of this lady?
§ Sir E. GREYThe charge is a definite one—that of conspiracy against the Russian Government. What ought to be given are the particulars of the acts complained of in order that she may be in a position, when brought to trial, to answer those distinct charges. That is the point now raised.
§ Mr. MORRELLIs it a fact that her counsel is in ignorance of the particulars, and that she herself does not know the occasion she was said to have conspired against the Russian Government?
§ Sir E. GREYI cannot answer that question definitely. As I said, if the hon. Member will put a question on Thursday I will then say actually what I have said to the Russian Government?
Mr. MacCALLUM SCOTTCan the right hon. Gentleman say on whom the burden of proof as to nationality in regard to a person in possession of a British passport rests?
§ Sir E. GREYThat is a matter between, the two Governments. I cannot say where the burden of proof actually rests. The position is this: So far as English law is concerned she is undoubtedly a British subject, but it is possible for a person to have a double nationality, and for a foreign Government to claim that a person, although a British subject according to English law, is none the less of the nationality of the country of her origin when she is in it.
§ Mr. MORRELLasked the Secretary of State for Foreign. Affairs whether he had yet satisfied himself as to the status of Miss Malecka in Russian law; whether he was aware that the marriage between this lady's parents, which took place at St. Jude's Church, Southwark, in the year 1860, was a marriage between a Catholic and a Protestant performed in a Protestant church; whether such a marriage would be invalid under Russian law without special licence from the Russian authorities; and whether any such licence was obtained?
§ Sir E. GREYI have no reason to suppose that a marriage such as that described in the question would not be recognised as valid under Russian law. The assumption contained in the question would only apply, so far as I am aware, in the case of some one who was a member of the Orthodox Greek Church.
§ Sir WILLIAM BYLESIs the foreign Office doing all that it would do if the lady was recognised as a British subject?
§ Sir E. GREYWe are doing all we can in the matter. But, of course, we could do much more, and be on much firmer ground, if it were quite clear that under Russian law she had ceased to be a Russian subject in Russia itself.
Mr. MacCALLUM SCOTTHas the Russian Government furnished any evidence that she is the legal daughter of a Russian subject?
§ Sir E. GREYUnder the Russian law, as I understand it, unless her father left Russia with permission from the Russian Government, she would in Russia be a Russian subject.
§ Sir E. GREYI have answered that question as to legal marriage. It is a most complicated question. So far as I am aware, under Russian law the marriage would not be invalid unless one of the parties was a member of the Orthodox Church.
§ Mr. MORRELLAre we to understand that the Foreign Office have not yet satisfied themselves as to whether under Russian law this lady is a Russian subject or not? Can the right hon. Gentleman say when they are likely to satisfy themselves on that point?
§ Sir E. GREYIf I could clear away the legal and technical complications I would willingly do so. I have done my best to cut away the thicket of legal complications. If the hon. Member had seen all the various points referred to he would realise how exceedingly difficult the matter is.
§ Major ANSTRUTHER-GRAYWill the right hon. Gentleman endeavour to secure that the conversation between the British Consul and this British subject shall be held in English and not in German?
§ Sir E. GREYThat, of course, must depend to some extent as to whether the question of nationality in Russia is definitely settled.
§ Major ANSTRUTHER-GRAYIs it denied that this lady went to Russia with a British passport?
§ Sir E. GREYYes, Sir. As I have explained, she is in contemplation of English law a British subject, therefore a passport would be issued. That does not necessarily imply that she has ceased to be a Russian subject when actually in Russia.
§ Mr. NOEL BUXTONasked the Secretary of State for Foreign Affairs on what date the English lady imprisoned at Warsaw was arrested, and on what date the British Consul at Warsaw was informed of her arrest?
The UNDER-SECRETARY of STATE for FOREIGN AFFAIRS (Mr. McKinnon Wood)His Majesty's Consul at Warsaw reported that Miss Malecka had been arrested on 5th April. It is not clear from his despatch on what date he received notice of the fact, but he reported it on 12th April.
§ Mr. MORRELLCan the right hon. Gentleman tell me what length of time elapsed between the arrest and the message of the Consul?