7806.
PUBLIC RECORD OFFICE
Reference :-
C.O.
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 199.
(MALTA.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
We are honoured with your Lordship's commands, signified in Lord Tenterden's
Temple, 4th April 1879. letter of the 18th February last, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office, enclosing a memorandum by Sir Adrian Dingli, the Crown Advocate of Malta, calling attention to the difficulty which arose in carrying out the provisions of section 2 of the Extradition Act, 1870, in that Colony, by reason of the absence of any provision in the laws of Malta corresponding to the writ of habeas corpus. That in order to remedy that inconvenience it was proposed to bring into operation as a General Ordinance sections 7 to 15 of the Malta Ordinance No. 3 of 1874, therewith enclosed, which had reference only to extradition between Malta and Italy, and which had not yet been brought into operation owing to some difficulties having arisen which were still under discussion.
That it was stated in the Colonial Office letter that that General Ordinance would be confirmed by Order in Council, and Sir Michael Hicks Beach desired to be informed whether your Lordship saw any objection to the course above indicated.
That Lord Tenterden was to observe that while your Lordship presumed that there was no legal objection to the passing of a Local Ordinance to remedy the inconvenience complained of, and that such Ordinance should be dealt with under section 18 of the Imperial Act, it appeared to your Lordship that sections 7 to 15 of the Malta Ordinance, No. 3 of 1874, were too restricted in their terms to carry out the object in view, inasmuch as the right of appeal was limited to the case of the fugitive taking exception to his surrender, on the ground that the offence was not one of those for which he could by law be surrendered.
into
That Lord Tenterden was to request that we would take the enclosed consideration, and favour your Lordship with our opinion as to the reply which should
papers be sent to the Colonial Office.
In obedience to your Lordship's commands we have the honour to
Report
That in our opinion the sections 7 to 15 of the Malta Ordinance, No. 3, 1874, are
not sufficient to carry out the object in view.
The Colonial Office may be answered to the above effect.
The Right Hon. the
Marquis of Salisbury, K.G.,
&c.
&c.
We have, &c.,
(Signed) JOHN HOLKER.
HARDINGE GIFFARD. PARKER DEANE.
A12916. 189. 25.-12/84.