PUBLIC RECORD OFFICE
Reference :-
mmmmmmmC.O. 885
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PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
MY LORD,
No. 821. (MALTA.)
LAW OFFICERS to FOREIGN, OFFICE.
We are honoured with your Lordship's command, signified in Mr. Hammond's letter of the 17th instant, stating that he was directed by your Lordship to transmit to
Temple, May 22, 1873. us a printed copy of the Extradition Treaty between Great Britain and Italy of the 5th February last, and to call our attention to the last paragraph of Article 18 of that treaty which is as follows:
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Finally it is agreed that this stipulation does not apply to the Island of Malta, the Ordinance of the Maltese Government of May 3, 1863 (No.-1230), remaining in full force."
That he (Mr. Hammond) was to transmit to us a copy of the Extradition Act of 1870, and to call our attention to section 18 of that Act which relates to the laws of British possessions, and he was to request that we would take into consideration the article of the treaty and the section of the Act above alluded to, and favour your Lord- ship with our opinion whether the Order in Council of the 24th March last, applying the Extradition Act of 1870 to the treaty with Italy of the 5th of February last, and of which he enclosed a copy, was sufficient to keep the Maltese Ordinance alive and in full force and to suspend the operation of the Act in that Colony during the continuance of the Ordinance.
And that should we be of opinion that the Order in Council of the 24th March is not sufficient to carry out these objects and that a fresh Order is necessary, he (Mr. Hammond) was to request us to prepare a draft of such Order and submit it to your Lordship.
And further to transmit to us for our information a printed copy of the Maltese Government Ordinance referred to, as well as a printed copy of a declaration signed by Her Majesty's Minister at Rome with the Italian Government on the 7th instant, rectifying an error in the last paragraph of Article 18 of the Extradition Treaty with Italy.
That in the paragraph above mentioned the date, viz., May 3, 1863, which purported to be the date of the Malta Ordinance, was the date of the Italian Decree giving effect to the Ordinance, the correct date of the Malta Ordinance being February 21, 1863, and that therefore should it be considered expedient to pass a fresh Order in Council, wherein the date of the Malta Ordinance had to be inserted, the date of the Ordinance should be 21st February 1863.
In obedience to your Lordship's commands we have the honour to—
Report,
That, in our opinion, the Order in Council of the 24th March last, applying the Extradition Act of 1870 to the Treaty with Italy of the 5th February last, is sufficient to keep alive and in full force the Maltese Ordinance and to prevent the operation of the Act in that Colony during the continuance of the Ordinance.
We have, &c.
(Signed)
J. D. COLERIDGE.
G. JESSEL.
J. PARKER DEANE.
&c.
The Right Hon. the Earl Granville, K.G.,
&c.
&c.
U 16378.-884. 25.--5/86.
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