Consular decisions in Sapans. We think it advisable, that Letters Patent should be granted by the Crown for the purpose of investing in a Constitutional manner the Court at Hong Kong with the new jurisdiction.
The Court at Hong Kong was established by Ordinance of the Legislative Council at Hong Kong by virtue of authority delegated by the Crown in the Letters Patent establishing the Colony. Its original jurisdiction was confined to Hong Kong and its dependencies. Its jurisdiction was then extended as a Court of Appeal to Her Majesty's subjects in China or within 100 miles thereof by the China Order in Council of 1833.
This order was made by virtue of the powers contained in both 3 & 4 Vic. c. 80, and there can be no doubt of the authority to make the last mentioned order; however, it does not include Japan. We think also that the Fishery Order in Council is not warranted by the statutory powers given to Her Majesty by the Act 6 & 7 Vic. c. 64.
But there can be no doubt that it is within the ordinary power and prerogative of the Crown, not inconsistent with the letter of any Statute, to give the Supreme Court the more extended jurisdiction now proposed. For this purpose, however, we think it necessary that Letters Patent should issue in addition to the Order in Council.
We have the honour to be,
Your Lordship's
Obedient Servants,
...
I D. B.