19779.
Car-
4
**
• When further information is obtained it will probably be necessary to discriminate between the cases, but as the evidence at present stands, the seizures of the molite" and the "Vancouver Belle" were not, in our opinion, justifiable.
When the desired fuller information is obtained, it must then be determined whether a Commission of Inquiry should be demanded, and if so, in relation to what cases.
Royal Courts of Justice,
3rd November 1893.
We have, &c. (Signed) C. RUSSELL.
JOHN RIGBY.
MY LORD,
No. 46.
(SOUTH AFRICA.)
LAW OFFICERS to COLONIAL OFFICE.
Law Officers' Department,
Royal Courts of Justice,
November 21, 1893.
We were honoured with your Lordship's commands signified in Mr. E. Fairfield's letter of the 31st August last, stating that he was directed by your Lordship to inform us that the British South Africa Company had expressed a wish, through the High Commissioner for South Africa, that extradition arrangements with the Orange Free State and the South African Republic, and with the adjacent Portuguese territories, might be made in respect of the territory within the Company's field of operations. That that territory was within the limits of the Order in Council of 9th May 1891, and was under the protection of Her Majesty though not part of Her Majesty's dominions.
That the British South Africa Company, at the same time, asked that the reciprocal surrender of criminals might be arranged for with the British Colonies in South Africa, but that no action appeared to be required in that respect, for, by the Order in Council of the 12th of December 1891, the Fugitive Offenders Act, 1881, had already been applied to the territory in question.
That Her Majesty's Government were willing that extradition arrangements should be made in respect to the territory in question with the foreign countries above- mentioned if there was legal power to do so.
That the Foreign Office has pointed out that the Law Officers of the Crown had expressed the opinion that extradition arrangements applicable to British Protectorates, which were not British territory, could not properly be made without further legis- lation, and that they stated that that opinion of the Law Officers applied with at least equal force to British spheres of influence so far as regards the question of extradition.
That the Foreign Office called your Lordship's attention to the accompanying reports of the late Law Officers dated March 3rd and March 14th, 1888;* and that Mr. Fairfield was to transmit copies of two letters, dated 2ith June and 2nd August 1893, which had since passed between the Departments.
That copies of the Law Officers' reports mentioned in the Colonial Office letter of 24th June were enclosed, together with a copy of the Order'in Council of 28th June 1892 referred to in the Colonial Office letter, and a copy of the Commission, dated 20th August 1889, under which the High Commissioner for South Africa was empowered to transact in the Queen's name and on Her behalf all business which might lawfully be transacted by him with the President or representatives of the Republic of the Orange Free State, or of the South African Republic, or with the representatives of any Foreign Power, subject to such instructions as he might receive.
That Mr. Fairfield was, therefore, to request us to be good enough to consider those papers and to advise your Lordship :-
1. Whether we agreed with the opinions expressed by our predecessors in 1888 respecting extradition from Protectorates? If not, to what extent did we differ from those opinions, and for what reasons?
2. If we agreed with those opinions, whether it was possible, without a fresh Act of Parliament, to make extradition arrangements between the territory within the field of operation of the British South Africa Company and the foreign countries above- named ? Could the desired object be attained by Order in Council under the Foreign Jurisdiction Act, 1890 ?
3. If a fresh Act of Parliament was not required, whether the High Commissioner, if instructed so to do, had power under his Commission to enter into such arrangements, and to give legal effect to them by proclamation under the Order in Council of May 9th,
1891 ?
4. If not, what course should be pursued ?
Nos. 112A and 114 in Vol. IV.
0 74772.-31. 25.-11/99.
PUBLIC RECORD OFFICE
C.O.885
Reference :-
14 PUBLIC RECORD OFFICE, LONDON
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