11,984.
PUBLIC RECORD OFFICE
Reference :-
سلبيا
CO.
885
12 PUBLIC RECORD OFFICE, LONDON
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MY LORD,
No. 67.
(MALTA.)
LAW OFFICERS to FOREIGN OFFICE.
Lincoln's Inn, 4th October 1875. We are honoured with your Lordship's commands, signified in Lord Tenterden's letter of the 13th August last, stating that in our report of the 28th of April last, in regard to the points raised by the Italian Government respecting the question of the surrender, under the Malta Ordinance No. 2 of 1874, of Italian prisoners who might be found on board Italian vessels putting into a port of Malta, while agreeing generally with the principle of the law, as stated by the Crown Advocate of Malta in his report. we pointed out what appeared to be an inconsistency in his conclusion or inference, and that we suggested that before any answer was sent to the Italian Representative in London, the case should be again referred to the Crown Advocate.
Lord Tenterden stated that that course was accordingly adopted, and that he was now desired by your Lordship to transmit to us a letter from the Colonial Office, enclosing a further report from that officer, in which he explained the apparent inconsistency.
That he, Lord Tenterden, was also to transmit to us the previous correspondence in the matter, which accompanied his letter of the 30th March, and to request that we would take the case into our consideration, and favour your Lordship with our opinion as to the answer which might now properly be returned to the Italian Chargé d'Affaires upon this subject.
In obedience to your Lordships' commands we have the honour to
Report
That the Italian Chargé d'Affaires may properly be answered that there is no practical difference between the provisions of the Malta Ordinance, No. 3 of 1873 and the Ordinance, No. 2, of 1874, relative to prisoners under the charge of desertion who may be found on board merchant ships.
The Ordinance of 1874 provides that the head of the Government of Malta may direct that a person in custody on board a foreign vessel be left in that condition, or conveyed to a public prison, when the offence for which such person is in confinement is one of those specified in some law in force in Malta relating to extradition.
The Ordinance of 1873 provides that the custody of prisoners on board foreign merchant ships shall not be interfered with if, upon the investigation prescribed, it appears that the crime charged is one for which the accused, if at large in Malta, may, according to law, be surrendered to the Government of the country to which the ship belongs. Neither of these provisions touches the case of foreign deserters, whose offence would not come within the category of extradition crimes; which class of crimes is dealt with under both Ordinances, and, consequently, the Ordinance of 1874 is not in any sense a restriction of the provisions of the Ordinance of 1873.
The case of desertion referred to by the Italian Chargé d'Affaires, is unaffected by either Ordinance, and may be divided into two classes: desertion at Malta, which will be dealt with effectually under the Foreign Deserters' Act and the Order in Council; and desertion committed out of Malta by a seaman belonging to, and on board, a ship coming into Malta. In this latter case the seaman will not be liberated nor allowed without leave to absent himself from the ship in Malta, and should he do so, he will come within the Foreign Deserters' Act; but, on the other hand, such seaman will not be subject to punishment, or the continuance of punishment, whilst in Malta. No facilities, therefore, will be afforded by the authorities in Malta to the desertion of Italian seamen.
We have, &c.,
(Signed)
RICHARD BAGGALLAY. J. HOLKER.
J. PARKER DEANE.
▲ 19916.-67. 25.-12/84.
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