8032.
L
PUBLIC RECORD OFFICE
Reference :-
། ༴། ། ། ་།
CO.
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
• 885
12 PUBLIC RECORD OFFICE, LONDON
1
MY LORD,
•
No. 64.
(MALTA.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, 16th July 1875. We are honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 30th April ultimo, stating that he was directed by your Lordship to transmit to us a copy of an Ordinance passed by the Legislature of Malta, No. 1 of
To make certain provisions for the prevention of accidents at sea, and for the better 1874. protection of maritime trade."
2. That the first article of this Ordinance defines its application to different classes of ships according as the circumstances to which its provisions refer shall have occurred within Maltese waters or beyond the territorial limits of the Colony, and it raises certain questions of Colonial jurisdiction, on which Sir Julian Pauncefote stated that your Lordship would be glad if we would favour you with our opinion.
3. That the first paragraph of Article I. declares that the provisions of the Ordinance shall apply to British merchant ships registered in Malta, provided that where the circumstances to which those provisions refer shall have occurred out of the territorial jurisdiction of the Colony the provisions of any Act of the Imperial Parliament or other laws shall not have already been applied.
4. That the second paragraph of the same article declares that the provisions of the Ordinance shall apply to British merchant ships registered in other parts of Her Majesty's dominions, if the circumstances to which those provisions refer shall occur within the territorial limits of the Colony, and the provisions of no Act of Parliament shall be applicable.
Truro and
26th August 1841.
5. That with reference to the powers of Colonial Legislatures to enact laws dealing opinion of Lord with offences committed on board British ships registered in the Colony while such John Dodson, ships are beyond the limits of the Colonial jurisdiction, Sir Julian Pauncefote was to opinion of Bir E. enclose copies of two opinions given by the Law Officers of the Crown, the one in 1841 and the other in 1864.
6. That it would appear from the first of these opinions that it is competent to the Legislature of Malta to enact laws to punish offences committed on board Maltese vessels beyond the limits of Colonial jurisdiction, provided the offender be a Maltese subject.
7. That the second of the above opinions which has reference to an Act of the Colony of New South Wales seems to recognise the power of the Colonial Legislature to enact laws dealing with offences committed on board Colonial vessels beyond the limits of Colonial jurisdiction, without qualification as to the nationality or Colonial status of the offender, but subject to a condition that the exercise of this legislative power should be limited to offences which are not made punishable by any Act of the Imperial Legislature.
8. That before tendering any advice to Her Majesty on the enclosed Ordinance of the Legislature of Malta, Sir Julian Pauncefote stated that your Lordship is desirous to have the benefit of our opinion on the following questions :-
Firstly. Whether it is competent for the Legislature of Malta to enact laws for the punishment of offences committed on board British ships registered in Malta while such ships are beyond the territorial limits of the Colony.
Secondly. If the first question be answered in the affirmative, whether such legislation must be confined to offences committed by Maltese subjects.
Thirdly. If the first question be answered in the affirmative, whether such legislation may extend to offences for the punishment of which provision is already made by an Act of the Imperial Legislature.
In obedience to your Lordship's commands we have taken these papers into con sideration, and have the honour to
Report
That the registration of a British ship in Malta and the consequences of such registration are regulated by the Merchant Shipping Act of 1854 and the various Acts
▲ 12916-63. 95.-19/84.
R. Collier, 31st
Palmer and Sir
March 1864, and N. 8. Wales Act No. 13 of 1864.