4330.
PUBLIC RECORD OFFICE
Reference :-
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TRERECO.
885
No. 165.
(STRAITS SETTLEMENTS.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Temple, 28th March 1878. We were honoured with your Lordship's commands signified in Sir Julian Pauncefote's letter of the 27th of February last, stating that with reference to the operation of the Extradition Act, 1870, in the Colony of the Straits Settlements, and to our reports of the 11th of January and the 21st of March 1877 relating thereto, and more especially to the surrender of fugitives from the Dutch Colonies, he was directed by your Lordship to transmit to us the accompanying letter from the Colonial Office, enclosing a copy of a Despatch from the Governor of the Straits Settlements, in which His Excellency applied for instructions from Her Majesty's Government on the question stated in the second paragraph of Mr. Malcolm's letter.
That the Extradition Act of 1870, by section 2, provided that where an extradition arrangement had been made with any foreign State, Her Majesty might by Order in Council direct that the Act should apply "in the case of such foreign State," and by section 5 it was declared that on the publication of the Order the Act should apply "in the case of such foreign State."
That Orders in Council have from time to time been issued and published applying the Extradition Acts, 1870 and 1873, in the case of certain foreign States, without any exception as to British Colonies; and the question submitted by the Colonial Office was whether the Indian Act No. 7 of 1854, under which fugitives from native States were surrendered prior to 1870, was still in force in the Straits Settlements as regarded foreign States with which no extradition arrangement had been made within the meaning of section 2 of the "Extradition Act, 1870"; and to request that we would favour your loniale Lordship with our opinion on that point for the information of the Colonial Office.
Papers bearing on the case were enclosed as marked in the margin.
In obedience to your Lordship's commands we have the honour to
Report
That the Extradition Act, 1870, section 2, enables Her Majesty to apply that Act by Order in Council only when an arrangement has been made with the foreign State.
No arrangement has been made, as we understand, with the Malay or native States near the Straits Settlements.
So that Her Majesty could not (as in the former case when the difficulty arose with respect to Holland) make any Order in Council under section 18 of the Act of 1870.
But we think Her Majesty may by Order in Council under 29 & 30 Vict. c. 115. s. 2. establish a law providing for the surrender of fugitive criminals in the Straits Settle- ments, and that such law may be conveniently framed upon the India Act No. VII.; and we advise this course because we doubt whether the India Act could now with safety be resorted to.
ل
The Earl of Derby,
&c.
&c.
We have, &c., (Signed)
JOHN HOLKER. HARDINGE S. GIFFARD. J. PARKER DEANE.
Office,
To Col. Office.
Jan. 31. 127.
Law Officers, Jan. 11, and March 21, 1877. Katrulition Act, 1870 and 173. Indan Act, No. 7 of 1634. Order in Council, Aug. 6, 1874.
▲ 12916.-161. 25. 12,84.
12 PUBLIC RECORD OFFICE, LONDON
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