10785/1885.
in the Charter prohibiting the arrest of members of the garrison without the leave of the Governor applied only to the civil, and not to the criminal, process of the Supreme Court.
That the late Chief Justice of Gibraltar appeared to have concurred in Mr. Sheriff's opinion on both points.
That Mr. Sheriff was further of opinion that the proviso in the Charter of Justice above referred to did not apply to an arrest by order of the coroner or the police magistrate.
That it appeared to your Lordship that the state of the law on that important ques- tion was not free from doubt, and that it was desirable that it should be made clear by further legislation.
That your Lordship, after consulting the Secretary of State for War, considered that, having regard to the position of Gibraltar as a fortress, it was not expedient that officers and soldiers of the garrison should be subject to the criminal jurisdiction of the civil
courts.
That Mr. Wingfield was, therefore, to request that we would advise your Lordship whether any, and (if any) what, alteration (1) of the local, (2) of the Imperial, law would be required in order to exempt officers and soldiers serving in the garrison of Gibraltar from the criminal jurisdiction and process of the civil tribunals of the Colony.
In obedience to your Lordship's commands we have the honour to
Report
That we think it doubtful, as we have pointed out in our opinion given to the Secretary of State for War on the 19th May 1882, whether officers and soldiers serving in the garrison of Gibraltar are exempt from the criminal jurisdiction of the civil tribunals of the Colony, and we concur in the view that it is expedient that the doubt which exists should be removed.
This object may be effected by an Order in Council reciting the doubt that has arisen, and enacting by way of declaration of the law the desired exemption.
No Imperial legislation will be necessary.
The Right Hon. the Earl of Kimberley,
&o.
&o.
&c.
We have, &c.,
(Signed)
HENKY JAMES. FARRER HERSCHELL.
No. 279A. (A.DEN.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD.
We are honoured with your Lordship's commands, signified in Sir Julian Paunoefote's letter of the 9th instant, stating that he was directed to transmit to us a
Temple, September 21, 1882. letter from the India Office forwarding copy of a letter from the Governor of Bombay, with enclosures, relative to the confinement of three engineers, British subjects, on board the Spanish steamer "Leon XIII." during the stay of that vessel in Aden harbour from December to February last, and stating that as the case involved questions of international law, Lord Hartington would be glad to learn your Lordship's views con- cerning it, and especially as to the propriety or otherwise of the procedure of the late Resident at Aden, to which exception had been taken by the Governor of Bombay.
That the facts were clearly stated in General Loch's letter to the Governor of Bombay of the 24th February last, and subsequent correspondence, and the question raised appeared to be whether it was the duty of the local authorities at Aden to ascertain whether the three British engineers who were under arrest on board the "Leon XIII." in the harbour of Aden on a charge of insubordination, had any due ground of com- plaint, or "what circumstance was wanting to constitute a case for interference and inquiry."
That Sir Julian Pauncefote was to request our opinion as to the reply which should be returned to the inquiries made by Lord Hartington.
In obedience to your Lordship's commands we have the honour to
Report
That there is no doubt that, according to international law, the British engineers, who had voluntarily become part of the crew of the Spanish ship, were subject to the law of Spain whilst on board that vessel, and in respect of acts done by them there. And they were not amenable, nor were the master or other members of the crew, to the jurisdiction of the local authorities at Aden.
We think, therefore, that the Resident was under no legal obligation to inquire into the circumstances in which they were placed under arrest, or to any cause of complaint they may have had. Whether the Resident should have made further inquiries with a view to using, if necessary, his good offices on their behalf (for more than this he could not have done) is a matter which it is not within our province to consider.
We have, &c.
(Signed)
HENRY JAMES. FARRER HERSCHELL. J. PARKER DEANE.
16758.579. 25.-8/85.
PUBLIC RECORD'OFFICE
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C.O.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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