2704.
PUBLIC RECORD OFFICE
Reference :-
LITICO. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 500.
(HoNG KONG.)
LAW OFFICERS to FOREIGN OFFICE.
Temple, March 16, 1868. MY LORD,
We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 10th of February 1868, stating that with reference to the Law Officers' Report of the 15th of January 1867* he was directed by your Lordship to transmit to us the accompanying letter which your Lordship had received from the Colonial Office enclosing a Despatch which the Duke of Buckingham and Chandos had received from the Governor of Hong Kong in regard to the question of the extent of British juris- diction in the waters adjacent to that Colony.
Mr. Hammond was also pleased to say that we should perceive that the Duke of Buckingham considers that after the opinion expressed in the above-mentioned Report of the Law Officers it is not necessary to discuss this question any further.
That the question, however, still remains as to the jurisdiction over Lamma Island, and considering the vicinity of that island to Hong Kong and its comparative size, which renders it an easy and secure asylum for thieves and persons of lawless character, his Grace thinks it desirable that some step should be taken to give to the Govern- ment of Hong Kong all the legal jurisdiction over the island which Her Majesty is competent to give.
Mr. Hammond was further pleased to state that we should perceive that the Duke of Buckingham has accordingly caused a Draft Order in Council to be prepared for the above purpose, and which, if approved by your Lordship, his Grace proposes to have passed.
Mr. Hammond was therefore to request that we would take these papers into our consideration and favour your Lordship with our opinion as to the answer which your Lordship should return to the Colonial Office in regard to the proposed Order in Council.
For our convenience Mr. Hammond was pleased to transmit to us the previous correspondence which has passed on the question of British jurisdiction in Hong Kong In obedience to your Lordship's commands we have taken this matter into con- sideration, and have the honour to
waters.
Report
That it appears to us that with the slight alterations we have made the Draft Order in Council settled by us, and to which we have attached our initials, will effect what we understand to be the desired object.
The first alteration is only to make the recital of the Order 9th March 1865 more correct. The other alteration in the Order is made for the purpose of avoiding any reference to ships or vessels over offences committed on which when within territorial waters there may be now jurisdiction in the Hong Kong court which might be inter- fered with. We have used the word " Colony" in lieu of "Island" in this part of the Order so as to make it consistent with the recital in which the term "Colony" is used. We do not understand that it is desired to give jurisdiction over offenders in extra place on land not territorial waters within the six miles, and therefore the words " being mainland seem to be most appropriate.
"
The Lord Stanley,
&c. &c. &c.
We have, &c. (Signed)
J. B. KARSLAKE. W. B. BRETT.
T. TWISS.
1-6978.-559. 95.-5/8G.
*** No. 450.