Off
and that such offences would notwithstanding the Ordinance to which
the Report referred be still triable only under the provisions of 12×13
Vict: c. 96.
The conclusion was that this
Ordinance would not
enable the new court
(without jury) to try
Piracies not committed
Page 48
not in fact be triable under the provisions of 12 × 13 Vict:c.96.
The doubt application
of the 28 x 29 Vict: cap: 63 no doubt merely
relates to Courts
of
Request having authority justice exercising within the jurisdiction authority within the of that Legislation. But
it appears
the point of instituting that Court (whether
in Hong Kong Waters, and especially not with a
with a jury.
by the Governor with
Lord Carnarvon
is desirous however
of bringing under your consideration the question whether sending trial under the provisions of the Ordinance would
not
in such a shape of a
proper jurisdiction of the Colonial Legislature. But it appears to give
to such Colonial
Legislature the power
best not application
to the peculiar condition of the Colony
the
of modifying Constitution and procedure
of
their Courts of Justice as the Legislature
may find best for the
peculiar