19,983.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 302.
(STRAITS SETTLEMENTS.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, 24th November 1883. We were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 29th ultimo, stating that he was directed by your Lordship to transmit to us the enclosed copy of a despatch from the Governor of the Straits Settlements respecting the power of extradition possessed by the Executive of that Colony under the Order in Council of the 26th of June 1879, a copy of which was also enclosed.
That your Lordship would be glad to be favoured with our opinion whether a person convicted in a foreign State to which the Order in Council applied, of an extradition crime, could, notwithstanding his conviction, be dealt with under the Order as a person accused of such crime, upon sufficient evidence of his criminality being produced.
In obedience to your Lordship's commands we have the honour to
Report
That but for the definition of the term "fugitive criminal" contained in the Order in Council, as compared with the definition contained in the Extradition Act, it might have been fairly contended that the Order in Council extended to fugitives already convicted of a crime, and undergoing the punishment for it.
Inasmuch, however, as the Order in Council defines a fugitive criminal as any person "accused" of a crime, whilst the Extradition Act to which the Order refers defines a fugitive criminal as any person
46 accused or convicted," we think that on a sound construction of the Order it does not extend to a person convicted who escapes from custody.
It deserves consideration, therefore, whether the Order in Council should not be amended by making the definition correspond in this respect with that contained in the Extradition Act, 1870.
(Signed)
The Right Hon. the Earl of Derby,
&c. &c.
&c.
We have, &c.,
HENRY JAMES. FARRER HERSCHELL
4 12916-277. 25.-18/84.
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