11401.
PUBLIC RECORD OFFICE
Reference :-
PERC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 440.
(Hong Kong.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, November 29, 1866. MY LORD,
We are honoured with your Lordship's commands, signified in Sir Frederic Rogers' letter of the 7th of November instant, stating that he was directed by your Lordship to transmit to us a copy of a Despatch from the Governor of, Hong Kong, No. 110, Aug. enclosing the transcript of an Ordinance passed by the Legislature of Hong Kong, entitled "An Ordinance to make provision for the more effectual suppression of piracy."
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1000.
1866.
1806.
Sir Frederic Rogers was also pleased to enclose a copy of a correspondence with the admy., 16 Oct. Board of Admiralty, to whom that Ordinance was referred in draft, and to state that, my.Oct. in considering this law, it is to be remembered that the piracy of the China Seas has To Govt. No. 1, assumed such alarming proportions as to justify measures of repression, to which Go No. 108. under ordinary circumstances it would be unadvisable to resort.
That it is alleged that Hong Kong is a centre of operations for these piratical transactions, the absolute freedom of the port and the large Chinese population rendering it possible for the pirates to resort thither as to head-quarters for the purchase of arms and stores and for receiving information and instructions from the That it has also been alleged that the procedure persons who direct their movements. of the Supreme Court rendered it extremely difficult to obtain the conviction of pirates. But that he is not the That this the Governor says is not "at present" the case.
less desirous of establishing a Special "Piracy" Court, the composition of which, as appears by one of the annexed letters, is approved by the Lords Commissioners of the Admiralty.
That under these circumstances the Government is adopting a variety of connected measures for the repression of piracy. That Her Majesty's Navy is pressed to additional exertions, the Colony is called upon to establish a more effective port and harbour police, including possibly the employment for police purposes of a Colonial gunboat, and the Ordinance now under consideration is enacted in order to supply a more effectual means of trying offenders.
Sir Frederic Rogers was further pleased to state that your Lordship would greatly regret that the progress of measures calculated to control an enormous evil should be arrested except on substantial grounds of objection, and that your Lordship wishes to be informed whether any such objections exist against the Ordinance now forwarded, and if so by what amendments they could be removed, and Sir Frederic Rogers added that the questions to which it occurs to your Lordship to draw our attention and to request our opinion are:-
Will the Ordinance (which in its terms is only applicable to offences committed within the jurisdiction of the Hong Kong Legislature) when read in connexion with section 1 of the Act 12 and 13 Vict. cap. 96. enable the court to try foreigners who have committed on the high seas acts which are piracy by the law of nations, and British subjects who have committed on the high seas acts which are piracy by British law?
2. Is there ground for doubting whether the local legislature can in these cases dispense with trial by jury?
3. Can the onus of proving innocence be properly thrown on the accused under the circumstances described in articles 5, 6, and 7 of section 7 ?
person
4. Does the nature of the case and of the population affected justify the application
of the punishments described in article 7 of section 7?
In obedience to your Lordship's commands, we have taken this matter into con- sideration and have the honour to
Report
1. That the Ordinance when read in connexion with sections 1 and 2 of the 12th and 13th Vict. cap. 96, and also with section 5 of the 28th and 29th Vict. cap. 63, will not, in our opinion, enable the court to try foreigners who have committed on the high seas acts which are piracy by the law of nations, or British subjects who have committed on the high seas acts which are piracy by British laws.
0 16378.-769. 95.-5/86.
96 Dec. 1906.
17 Aug. 1805. Colonial Act,
Wo. 12 of 1868.
2