9214/92. (1.)
PUBLIC RECORD OFFICE
19
C.O.885
Reference :-
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT/PHOTOGRAPH-NOT TO
MY LORD,
No. 112.
(SOUTH AFRICA.)
LAW OFFICERS to FOREIGN OFFICE.
Royal Courts of Justice, March 3, 1888. We were honoured with your Lordship's commands signified in Sir Julian Pauncefote's letter of the 30th January last, stating that he was directed by your Lordship to transmit to us the papers noted below, relative to a communi- cation which had recently been made by the Imperial German Government to that of Her Majesty, inquiring whether the latter would be prepared to conclude an Agreement for the purpose of extending the provisions of the Extradition Treaty between Great Britain and Germany of the 14th May 1872, to the British and German Protectorates adjoining each other in West Africa and elsewhere.
That to the communication thus made your Lordship, being of opinion that such an Agreement as was suggested therein could not be carried out by Her Majesty's Government without fresh legislation, considered it advisable to reply to the German Government expressing regret that, for the reason indicated, their suggestion could not be adopted for the present; but that your Lordship, at the same time, promised that the subject should receive the careful consideration of Her Majesty's Government.
escape
That some practical inconvenience was undoubtedly occasioned from time to time when such cases as those particularly mentioned by Baron Plessen on the 8th November last arose, in consequence of the facility with which a criminal could effect his from German to British-protected territory, and of the subsequent inability of the British authorities either to punish him themselves or to return him to be dealt with by the established Courts of the place where the crime was committed.
That at the same time your Lordship was inclined at present to think, having regardl to the views which successive Governments of Her Majesty had maintained with regard to the nature and limitations attaching to the various Protectorates which had of late years been proclaimed by Her Majesty, that not only would it not be possible to extend our Extradition Treaties to such Protectorates without fresh legislation, but that fresh Agreements assenting to such an extension would also be requisite between Her Majesty and the various protected States respectively involved.
That in the case of our own Protectorates, the protected State had been uniformly considered to preserve its autonomy in so far as the latter was not affected by Treaty, but that the German Imperial Government had, on the other hand, asserted, in respect of their Protectorates, a dominion and suzerainty so complete as, if it were admitted, would place them on an entirely different footing to those of the Queen, which could not, as was thought, be considered, for the purposes of "the Extradition Act, 1870," to be within Her Majesty's dominions.
That Sir Julian Pauncefote was to request that we would take the
with his letter into our consideration, and that we would favour your Lordship with papers transmitted our opinion on the following points :-
1. Whether the terms of the reply returned to Count Hatzfeldt on the 26th January
last were right and proper?
2. Whether the views put forward in his (Sir J. Pauncefoto's) letter were correct?
3. In what manner, and by what means, could Her Majesty's Government acquire power to carry out an arrangement for the mutual extradition of offenders between British and German Protectorates?
In obodience to your Lordship's commands we have taken the papers into our consideration, and have the honour to
Report-
1 and 2. That, in our opinion, the terms of the reply returned to Count Hatzfeldt
on the 26th January last are right and proper, and the views put forward in the letter of Sir Julian Pauncefote of the 30th January 1888, are correct.
3. In our opinion, it will not be advisable to endeavour to provide by legislation or agreement for the mutual surrender of fugitive criminals by the English and German
• Memorandum, Baron Plesson, November 8, 1887; to Count Hatzfeldt, January 26, 1888. Act, 1870, 33 & 34 Viet. cap. 62; West Africa Order in Council, 1983.
0
74772.-19. 25.-6/93.
Extradition