Secretary of State for the Colonies
are
1st Whether I was right in doubting the Jurisdiction of the Supreme Court. 2ndly. Assuming that I was right whether it is advisable to make any provision for dealing with similar cases in future.
With regard to the first question it would seem that except in certain special cases where jurisdiction has been conferred by Act of Parliament none of the ordinary criminal Courts in England possess the power of trying persons charged with committing offences abroad whether such parties are British subjects or not.
The Supreme Court of Hongkong has the same jurisdiction in the Colony of HongKong as the Court of Queen's Bench, Common Pleas, and Exchequer lawfully have in England and is a Court of Oyer and Terminer and Gaol Delivery, Assize and nisi Prius. But as it seems that none of these Courts would in England be competent to try offences committed by British Subjects abroad except where specially authorized by Act of Parliament it would also seem to follow:
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