6262.
No. 255.
(Hong Kong.)
LAW OFFICERS to FOREIGN OFFICE.
-
MY LORD,
Lincoln's Inn, June 29, 1864. We are honoured with your Lordship's commands signified in Mr. Hammond's letter of the 21st of June instant, stating that he was directed by your Lordship to trans- mit to us a letter from the Colonial Office, together with a Despatch from the Governor of Hong Kong, enclosing a copy of an Ordinance passed by the Legislative Council of that Colony, to give effect to Her Majesty's regulations for the observance of neutrality during the existing hostilities between the United States and the States, calling them- selves the Confederate States of America, and to request that we would take these papers into consideration, and favour your Lordship with our opinion with regard to the Ordinance in question.
In obedience to your Lordship's commands we have taken these papers into con- sideration, and have the honour to
Report
That this Ordinance appears to us, with an exception presently to be mentioned, proper for the object of carrying into effect the regulations of Her Majesty for the observance of neutrality.
We are of opinion, however, that it was not competent to the Governor to extend the effect of this Ordinance beyond 3 miles from the shore of Hong Kong, especially as there does not appear, in the terms of the first section to be any such qualification or definition of the offences thereby created, as to make it necessary that they should even have their commencement within the limits of the Colony. The 6 & 7 Vict. c. 80. vests a larger jurisdiction extending to 100 miles, in the hands of the Superintendent of the Trade of British subjects in China, when he is also Governor of Hong Kong; but these offices are now, and have been for some time, separated, and the present. Governor is not also the Superintendent of Trade.
We think, therefore, that the Governor should be apprised that the jurisdiction of
the Colonial Legislature is confined to the Marine league from the shore, and that a
new Ordinance should be issued with this limitation.
The Earl Russell, K.G.
We have, &c.
(Signed) ROUNDELL PALMER.
R. P. COLLIER. ROBERT PHILLIMORE.
O 10078-71 95.-1/86.
PUBLIC RECORD OFFICE
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Reference :-
།།། ། ། ............... C.O. 885
PUBLIC RECORD OFFICE, LONDON
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