7463.
No. 200.
(STRAITS SETTLEMENTS.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
We are honoured with your Lordship's commands, signified in Lord Tenterden's
Temple, 29th April 1879. letter of the 12th ultimo, stating that in our report of the 28th of March 1878, in relation to extradition from the Straits Settlements, we advised that Her Majesty should issue an Order in Council under the Act 29 and 30 Vict. c. 115. s. 2, providing for the surrender of fugitive criminals in the Straits Settlements, and we suggested that such an Order might be conveniently framed upon the Indian Act No. 7 of 1854.
That the enclosed draft of an Order in Council had accordingly been prepared at the Colonial Office. That in their letter to that Department of the 28th of January last it was stated that the draft was based principally upon the Indian Act of 1854, with certain modifications taken from the Imperial Extradition Act of 1870, and that it was so framed as to extend to all foreign States to which the Extradition Act of 1870 did not for the time being apply, so that its operation would be at once excluded from State by an Order in Council applying the Article to that State. That it
any was further stated that the provisions in the 11th section had been imported from the Imperial Act, and the list of extradition crimes had been adopted from the Extradition Acts of 1870 and 1873; also that specific provisions of the Indian Act for admitting to bail persons apprehended as fugitive criminals had been omitted, the words "deal with
in the 6th clause being, it was thought, sufficient to give the magistrate power to accept bail on remand.
That Lord Tenterden was directed by your Lordship to request that we would favour your Lordship with our opinion as to whether the draft might be approved, or whether any alterations therein were required before the proposed Order was submitted to Her Majesty.
That Lord Tenterden was to transmit therewith the papers for reference in connexion with that question.
In obedience to your Lordship's commands we have the honour to
Report
That in our opinion the draft Order in Council may, with the following additions, be approved.
We respectfully suggest that the words "last-mentioned" should be inserted before the word "magistrate" at the end of clause 7 of the draft Order in Council.
And we also submit for your Lordship's consideration that words corresponding with those employed in section 11 of the Extradition Act, 1870, should be added, either at the end of clause 10 of the draft Order or as a separate clause, but omitting all reference to writ of habeas corpus, as follows:-
66
If the magistrate commits a fugitive criminal to prison, he shall inform such criminal that he will not be surrendered until after the expiration of 15 days, and that during such 15 days the said criminal may appeal to any Judge of the Supreme Court of the Straits Settlements,"
And in clause 11, after the words "15 days from the date of committal" should be added the words "or after the decision of the Judge before whom the appeal of the fugitive criminal is brought, as the case may be, or after such further period as may be allowed in either case by the Governor."
We have, &c.,
14
་་
The Right Hon. the Marquis of Salisbury,
&c.
&c.
&c.
(Signed)
JOHN HOLKER. HARDINGE S. GIFFARD. J. PARKER DEANE.
▲ 12916.-190.
25.- 12,81.
PUBLIC RECORD OFFICE
CO.
Reference :---
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO