PUBLIC
RECORD OFFICE
Reference :-
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minimumin C.O.. 885
Hong Kong.
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Section 2. Would not apply to persons convicted in one part of Her Majesty's dominions of an offence committed in another part, at sea, or in a foreign country. Sect. 3. Warrant ought not to issue solely on authority of a justice of the peace, but should be countersigned by Colonial Secretary, or other prin- cipal executive officer of colony of issue, and that when officer deputed is other than Colonial Secretary the Government giving deputation should be bound by acts of party deputed and should give notice of name of officer to all other Governments, and pub- lish it in Gazette. In Crown colonies,, warrant should be endorsed by the Governor in the colony to which it is forwarded. Section 4. Telegrams should be sent by some recognized authority, and to pre- vent questions arising on their wording, a certain form should be prescribed, should be signed by Colonial Secretary or other principal executive officer, and not sent before a prima facie case is made out before a magistrate and warrant issued. If warrant not sent accused person to be indemnified for any loss. Telegraph companies to be com. pelled to forward telegrams at usual rates, but not unless received from official who can speak to signa- ture. Magistrate to issue provisional warrant on production of telegram. Section 8. Accused person arrested in transitu should be forwarded to port of destination in the circumstances of this clause. Sec- tion 9. No official seals in strict sense of term. Seal of the colony or seal of Registrar of Supreme Court should be used. Section 11. Piracy (jure gentium) would appear to be an offence triable anywhere, and to be sufficiently provided for by Clause 19. Clause objectionable as it might be used for trivial offences, but this would be met by suggestion on Section 3 as to countersignature of warrant. In these circum- stances Section 12 will be unnecessary. Part 2 should not apply to colony on account of distance. Section 17 should be applied generally. Section 19 should be extended to meet case of seamen sent by consular officers for trial under Section 268 of Merchant Shipping Act. Same remark as before as to fugitive offender arrested in transitu being for- warded to his ultimate destination. Section 21. Provisions should be fully set out instead of by reference to the Merchant Shipping Act, which will require some modification, as it is somewhat incon- sistent with 6th section of the Bill: Second paragraph of Section 268 of Merchant Shipping Act obviously necessary, but Governor not to be required to endorse ship's agreement, which could be done by regular officer. Provisions of 3rd paragraph as to de- livering party charged are unnecessary. A constable should take charge in all cases. Penalty against a master for not giving a passage should be recoverable summarily in any port; affidavits to be received, and penalty enforced by distress of ship, &c. Provisions should be made for payment of expenses of tele- grams, &c., and arbiter should be named to decide between various governments and departments in case of dispute. Expenses of arrest to be borne by colony in which found, and of conveyance by colony applying for extradition. Section 22. Where de-
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Labuan.
* Mauritius.
Straits Settlements.
the "
positions have been taken against an offender in his absence, witnesses should be re-examined in his presence, and no depositions should be admissible as evidence where offender has had no opportunity of cross-examining witness. Section 23. Suggests in- sertion of the words "whether taken or made for purposes of this Act or otherwise," as section seems confined to depositions under this Act. The word "deposition" to be defined as taken to include evidence taken before a commission to examine witnesses lawfully issued by competent authority in some other part of Her Majesty's dominions to that in which the evidence is taken, Section 27. Refers to certain regulations now in force as to backing warrants, &c., under China and Japan Order in Council, 1865, and 6 and 7 Vic. cap. 80 and 94. Section 28. Legislatures in colonies always unde- stood to include Governor, also in many colonies there is a Legislative Council as well as House of Assembly: "Constable" to be construed as any policeman as well as any officer, &c., as most colonies have a police force. "Magistrate" in all cases to be a police magistrate. Superior Court to mean any court possessing in the colony similar powers to High Court of Justice in England.
Emphatically approves of the object of the Bill. Refers to the case of one Chaderton, a Barbadian fugitive offender, who escaped to Tobago in 1874, and whose case would have been met by Sections 4 and 5 of this Bill.
Suggests that, to meet the case of Mauritius and other colonies similarly situated, a short Order in Council should be passed, enacting that the word "crime" should have the force of the word "
" felony " purposes of extradition, and that for like purposes misdemeanors punishable by six months' imprison- ment might be assimilated to misdemeanors punish- able on indictment.
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Indian penal code in force in colony, Section 11 will therefore want amending. Suggests after words "six months or more," in line 12, page 12, to add words, "also to any offences punishable according to "the law in force in any of Her Majesty's possessions by death, or by penal servitude, or by rigorous imprisonment, or by imprisonment with hard labour, "for a period which may in either case extend to six "months or more." Great inconvenience will arise unless the interpretation of expressions "British Possessions" and "Governor" be altered so as to make each separate component part of an incorporated colony a British Possession for the purposes of the Act, or power is given to some official to act in absente of the Governor. Act will be of little prac- tical value unless legislative sanction is given to use of telegrains. Points out that fugitive criminals on board Messageries Maritime steamer would be exempt from arrest under second paragraph of Article 6 of Postal Convention with France of 24th September 1856. Straits should be grouped with Ceylon, India, Labuan, Hong Kong, Australasia, and Mauritius. Sections 21 and 27. Convenient to have power of
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