3423.
PUBLIC RECORD OFFICE
mwimmim
Reference :-
CO. 885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH--NOT TO
MY LORD,
No. 291.
(HELIGOLAND.)
LAW OFFICERS to COLONIAL OFFICE.
We were honoured with your Lordship's commands signified in Mr. Wingfield's
Royal Courts of Justice, 27th February 1883. letter of the 19th February instant, stating that he was directed to transmit to us the enclosed copy of a Despatch from the Governor of Heligoland, reporting the occurrence in the island of a case of stabbing, and pointing out the difficulties which would, in the peculiar circumstances and state of the law of Heligoland, attend the trial of the offender, and the execution of the sentence should he be convicted and sentenced to imprisonment.
2. That Mr. Wingfield was also to enclose copies of two Ordinances of Heligoland relating to the administration of justice.
3. That under those Ordinances two courts of criminal jurisdiction were established, viz., the police court and the court of sessions; and it might be assumed that the case in question was one which was beyond the jurisdiction of the police court, and was triable by the court of sessions under section 12 of the Ordinance of 1868.
4. That the Ordinance of 1866 provided (section 18) that, in all criminal cases before the court of sessions, the court or the prisoner might demand a jury, "otherwise all cases shall be decided by the judges of the court"; it contained provisions (sections 23 -29) as to juries and jurors, one of which (section 27) declared the qualification of a juryman to be" that which qualifies for the franchise of the Colony."
5. That when the Ordinance of 1866 was passed there existed in the island under an Order in Council of 7th January 1864, a copy of which was enclosed, a Legislative Council and & Combined Court (whose consent was required for the imposition of taxes or the appropriation of public money), consisting of the members of the Legislative Council and of 12 persons elected by such of the inhabitants as possessed certain quali- fications specified in the Order in Council, and it was presumed that the Colony," in section 27 of Ordinance 2 of 1866, must be construed to mean the right the franchise of of voting for members of the Combined Court.
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6. That by an Order in Council of 29th February 1868, a copy of which was enclosed, the Order of 7th January 1864 was revoked, and the Legislative Council and Combined Court thereby ceased to exist.
7. That the Court of Sessions, under Ordinance 2 of 1866, consisted of the president of the Legislative Council and three persons to be appointed by the Governor. That upon the abolition of the Legislative Council it became necessary to reconstitute that court. That Ordinance 3 of 1868 accordingly provided (section 10) that "the Governor shall hold in person a Court of Sessions that provision appeared to be that the Governor was then the sole judge of the court.
at certain periods; the effect of 8 That Ordinance 2 of 1866 had not been repealed, and it was presumed that its provisions relating to trial by jury were still in force, unless they were rendered nugatory by the abolition of the franchise by reference to the qualification for which the qualification of a juryman was defined. That it would appear, however, to be a reasonable construction of section 27 of the Ordinance to hold that the qualification of a juryman could be ascertained by reference to what was the qualification for the franchise at the time of the passing of the Ordinance.
That it would be seen that the Governor appeared to be under the impression that there was no provision for trial by jury under the existing law.
9. That the Governor, who was a retired military officer, and was without any legal adviser, was not unnaturally reluctant to undertake the trial of so serious a case; but it was presumed that it could not be tried by any court in the United Kingdom.
10. That as regarded the absence in Heligoland of the means of effectually carrying out sentences of imprisonment, it would appear that the only means of meeting the difficulty would be to make an arrangement, (if possible,) under the Colonial Prisoners Removal Act, 1869, for the transfer of Heligoland convicts to some other Colony for the purpose of undergoing their sentences.
▲ 19916.-70. 25.-19/84.