1889.
PUBLIC RECORD OFFICE
Reference :-
CO. 885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
SIR.
No. 216.
(GENERAL.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, 7th February 1880. We were honoured with your commands, signified in Mr. Herbert's letter of the 30th of January ultimo, stating that he was directed by you to invite our attention to the report (with which) we favoured you upon the 31st of May last in reference to the proposed Fugitive Offenders Bill, and he was now to transmit to us a copy of the Bill, showing in MS. certain amendments which, after communication with the Home Office, you would propose to insert in the Bill.
2. That it was believed that the object of these amendments would be apparent without troubling us with detailed reasons, but they could be furnished, if so desired.
3. That he was also to acquaint us that, since the-date of our report, a question had been raised as to the legality of the custody of a Colonial prisoner during his transit, if removed by sea, from one part of a British possession to another part of the same possession. That such removals were of constant occurrence in some Colonies, either between islands or between ports on the coast, the vessel in either case being at some part of its voyage more than three miles from any part of the Colony, and it would seem that from the time the vessel leaves the territorial waters until it enters them again the Colonial Warrant of Removal would not in law justify the detention of the prisoner.
4. That no practical difficulty had hitherto been experienced, but as the point had been raised, and there were many cases in which it was not practicable to go from one part of a Colony to another without being for some time on the high seas, it would seem advisable to provide by anticipation against any such possible difficulty, seeing that the Bill now in progress afforded a convenient opportunity for dealing with the subject.
5. That he was therefore to transmit to us the draft of a clause which it was proposed to insert after the clause now printed 25; and with reference to the sentences within brackets he was to state that, having regard to the varying circumstances of different Colonies, it was necessary to contemplate the possibility of the vessel in its voyage entering the waters and possibly the ports of another Colony, and in the East it was not impossible that it might enter the waters of a foreign State. That it was assumed that by legalising, for purposes of jurisdiction, the custody of a prisoner while in foreign waters, no infraction of the sovereignty of such State would occur, and that such a provision would not affect any claim that such a State might desire to advance on that
account.
6. That he was to request us to take the enclosed documents into consideration and favour you with our opinion-
(1.) Whether the amendments shown in writing upon the draft Bill may properly
be submitted to Parliament.
(2.) Whether, under the circumstances stated in the 3rd and 4th paragraphs of the letter, the proposed draft clause is sufficient and proper to be submitted to Parliament.
(3.) Whether, having regard to the 5th paragraph of the letter, the clause is sufficient without the sentences within brackets, and if not, which sentence of the two should be inserted in the Bill.
Mr. Herbert was also to request us to favour you with any general observations that might occur to us upon these subjects, and, in view of the meeting of Parliament,
to beg that the letter might receive our early attention.
In obedience to your commands we have the honour to
That-
Report
1. The amendments shown in writing upon the draft Bill may properly be submitted
to Parliament.
2 and 3. The proposed draft clause will be sufficient and proper to be submitted to Parliament without either of the sentences within brackets.
The Right Hon.
Sir Michael Hicks Beach, Bart.,
&c.
&c.
▲ 12916.-206. 25.-12/84.
&c.
We have, &c., (Signed)
JOHN HOLKER.
HARDINGE S. GIFFARD.
$