18,356.
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PUBLIC RECORD OFFICE
61
C.O.
Reference :-
885
MY LORD,
No. 25A.
(QUEENSLAND.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, October 28, 1884.
We were honoured with your Lordship's commands signified in Sir Robert Herbert's letter of the 11th August last, stating that he was directed to transmit to us the Draft of an Order in Council applying the Fugitive Offenders Act, 1881, to the Western Pacific; and that he was to request that we would be so good as to state whether we concurred in its terms.
We were also honoured with a letter from Mr. Wingfield, dated the 23rd of August, stating that he was directed by your Lordship to transmit to us a copy of a despatch from the Governor of Queensland, with a judgment delivered by the Chief Justice of that Colony in the case of Regina v. McMurdo and Davies, from which it would be observed that the learned Judge took the view that the Western Pacific Order in Council of 1879 did not operate to extend the provisions of the “Fugitive Offenders Act, 1881," to the Western Pacific, but that the general provisions of that Act were nevertheless applicable to the Western Pacific as part of Her Majesty's Dominions, within the meaning of the Act.
That we were requested to consider that judgment together with the Draft Order in Council already transmitted to us, and inform your Lordship whether the arguments used in the judgment affected the opinion expressed in our Report of the 17th July,* as to the expediency of the issue of such an Order in Council.
In obedience to your Lordship's commands we have the honour to
Report
That we have drafted an Order in Council to accomplish the purpose indicated in our letter of July 17th. The arguments used in the judgment of Chief Justice Lilley do not cause us to alter our opinion as to the expediency of issuing such an Order.
We have, &c., (Signed) HENRY JAMES.
FARRER HERSCHELL.
The Right Hon.
The Earl of Derby, K.G.
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
Whereas under the Pacific Islanders Protection Act, 1875, Her Majesty has power and jurisdiction over Her subjects, within any islands and places in the Pacific Ocean, not being within Her Majesty's dominions, nor within the jurisdiction of any civilised power, in the same and as ample a manner as if such power, or jurisdiction, had been acquired by the cession, or conquest, of territory; and further has such other powers as are in that Act mentioned.
And whereas under Section 3 of the Foreign Jurisdiction Act, 1878, it is lawful for Her Majesty in Council, if it seems fit, from time to time by Order to direct that the Fugitive Offenders Act, 1843, or any enactments for the time being in force, amending or substituted for, the same, shall extend with or without any exceptions, adaptations, or modifications in the Order mentioned, to any country or place to which, for the time being, the Foreign Jurisdiction Act, 1843, applies, and thereupon those enactments are to operate as if that country or place were one of Her Majesty's Colonies, and as if Her Majesty in Council were the Legislature of that Colony.
And whereas the Western Pacific Islands are places to which the said Act applies; and whereas the Fugitive Offenders Act, 1843, has been repealed by the Fugitive Offenders Act, 1881, and replaced thereby.
And whoreas by the 36th Section of the last-mentioned Act, it is made lawful for Her Majesty, from time to time, to direct that that Act shall apply as if, subject to the conditions, exceptions, and qualifications (if any) contained in the Order, any
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