11212.
PUBLIC RECORD OFFICE
Reference :-
EPLIC.O. 885
| | | | | | | | | | | | |
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD DUKE,
No. 532.
(Hong Kong.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, October 12, 1868. We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 19th of August last, stating that with reference to the report of the Law Officers of the Crown, dated the 18th March 1867,* he was directed by your Grace to transmit to us a copy of a Despatch from the Governor of Hong Kong, enclosing an Ordinance, No. 1 of 1868, entitled "An Ordinance to make provision for the more
effectual suppression of Piracy."
66
Sir Frederic Rogers was further pleased to state that your Grace would be obliged
if we would favour you with our opinion whether and with what modification this Ordinance may receive the sanction of Her Majesty, and in particular your Grace would desire to know-
(1.) Whether the 3rd, 4th, 5th, and 6th clauses will be taken ex necessitate rei to be confined to acts done within the jurisdiction of the Legislature, or whether it is neces- sary to express this; whether in section 6 the words" otherwise than under authority of some officer of the Government" should not be added after the words "taken into "his custody;" and whether the Colonial Legislature is competent to pass sections 7 and 8 of that Ordinance, by which it is declared that a person shall be punishable for being found within the jurisdiction of the Colonial Legislature, under circumstances which render it in some degree probable that he has committed a crime outside that jurisdiction.
In obedience to your Grace's commands we have taken this matter into our con- sideration, and have the honour to
Report
That we think that the 3rd, 4th, 5th, and 6th clauses of the Ordinance must be construed as being applicable to offences committed within the jurisdiction of the Legislature, and that this need not be expressed.
We think that the 6th section should be rendered more clear by the insertion of some such words as those suggested. Under the strict language of the section an officer or person acting under his orders might be chargeable with an offence.
The 7th and 8th sections make it a crime to be found within the Colony under the circumstances stated in those sections. As to the policy of such an enactment we, of course, express no opinion, but we think that the Colonial Legislature is competent to enact the sections referred to.
We have, &c. (Signed) JOHN B. KARSLAKE.
RICHARD BAGGALLAY,
His Grace the Duke of Buckingham and Chandos, &c.
&c.
&c.
• No. 461.
16978.-110. 25.-5/86.
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