Enclosure 2.
C. O.
M. 11330
Reef & AN Soj
187
Copy of Report by the Attorney General.
The Order to the Master of China purports to be in pursuance of 17 and 18 Vict. C. 104, Sec. 268. That section contemplates trial in Hongkong.
No witnesses are sent but the men are already sentenced to be imprisoned in Hongkong. I feel much diffidence in questioning the power of the Naval Court to make that order but I am unable to find authority.
I shall be glad in view of future cases if I might receive guidance from the Board for my future guidance on the question as to whether a Naval Court at Honolulu can sentence to imprisonment in Hong Kong and whether when such sentence is forwarded to Hong Kong it is sufficient warrant for the Superintendent.