PUBLIC RECORD OFFICE
C.O.885
Reference :-
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
It would seem to be desirable that the law, which is somewhat uncertain, should be made clear by statutory provision, including the validating of any past marriage, where validity may be doubtful,
The Most Hon. the Marquess of Ripon,
&c.
&c.
&c.
We have, &c. (Signed) C. RUSSELL.
JOHN RIGBY.
4695.
MY LORD,
No. 31. (LABUAN.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, March 18, 1893 WE were honoured with your Lordship's commands, signified in Mr. Wingfield's letter of the 6th of January last, stating that he was directed by your Lordship to request us to favour you with our opinion upon the enclosed Ordinance which ́had been passed by the Governor of Labuan, who was also Governor of British North Borneo "to enable sentences of imprisonment awarded in North Borneo to be carried "into effect in the Colony."
That that Ordinance had been adapted from the Straits Settlements Ordinance, No. 7 of 1885 which enabled sentences of imprisonment awarded to British subjects in the protected Malay States to be carried into effect in the Colony, but that it differed from the Straits Ordinance in not being confined in its application to British subjects.
That the draft of the Straits Ordinance was referred to the Law Officers of the Crown, and that Mr. Wingfield was to enclose a copy of their report upon it. That in the draft so submitted the application of the Ordinance was not confined to British subjects, that limitation having been subsequently inserted by the direction of the Secretary of State.
That in the Charter of the British North Borneo Company reference was made to the contingency of Her Majesty, by Order in Council, making provision for the exercise of jurisdiction in North Borneo under the Foreign Jurisdiction Act, but that no such Order had been made.
That copies of the Letters Patent constituting the office of Governor of Labuan and of the Charter of the British North Borneo Company were enclosed for reference.
That your Lordship would be glad to be advised whether, North Borneo being an independent State, though governed and administered by a British Company and under the protection of Great Britain, a law could be enacted by the Governor of Labuan, authorising the imprisonment in that Colony of persons who had been sentenced by the Courts of North Borneo.
That Mr. Wingfield was to add that if such a law was within the competence of the Governor, your Lordship considered that there was no practical objection to it, North Borneo and Labuan being closely connected and being under the same Governor,
Having taken the matter into our consideration, we have the honour to
Report,
That the Law Officers in 1885, in the strictly analogous case of the Straits Settlements, advised that it was within the powers of the Legislature of the Straits Settlements to provide for the reception within their territory and the detention there of prisoners sentenced in Native States.
The ground of the opinion seems to have been the presence within the jurisdiction of the persons to be affected by the legislation. We see no reason to differ, and are of opinion that a law may properly be enacted by the Governor of Labuan authorising the imprisonment in that Colony of persons sentenced by the Courts of North Borneo who are delivered within the territory of Labuan to the authorities of the Colony; but we must add that no law enacted by the Governor of Labuan can justify the conveyance of prisoners from North Borneo to Labuan.
The Most Hon.
The Marquess of Ripon, K.G.,
&c. &c.
&c.
We have, &c. (Signed) C. RUSSELL.
JOHN RIGBY.
074779.-1].
25.-4/93.