183
19
Legation
Japan.
In consequence of the non-publication in Hong Kong of the order of 1860, the Acting Chief Magistrate was unaware of its existence (as, indeed, I was myself) a few days ago, a gentleman having been sentenced, by the Consul-General in Japan, to imprisonment for three months in Hong Kong Goal, was committed thereto by warrant under the hand and seal of the Acting Chief Magistrate here, and which warrant purported to have been made under and by virtue of the power conferred upon him by the Order in Council of March, 1889.
Application was made to me for a Writ of Habeas Corpus, and ultimately it became my duty to discharge the prisoner from custody, there being no such Order in Council in existence as that recited by the Magistrate, and from which he supposed his authority to be derived.
I trust that Your Excellency will bring this matter as speedily as possible under the notice of the Secretary of State, so that the necessary steps may be taken.
I would further suggest, that as the existing Order in Council empowers Consuls in Japan to send offenders to Hong Kong for trial,