2540.
>
SIR,
No. 102.
(TRINIDAD.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, February 3, 1896. We were honoured with your commands, signified in Mr. Wingfield's letter of the 17th ultimo, stating that he was directed to transmit for our consideration the accompanying Despatch from the Governor of Trinidad, forwarding a case stated by the Attorney-General of that Colony for the opinion of counsel, as to the powers of the magistrates in Trinidad to commit for trial, and of the Supreme Court to try, British subjects on charges of crimes committed in Venezuela, and as to the powers of the Colonial Legislature to legislate in the manner proposed in certain draft ordinances appended to the case.
That Mr. Wingfield was to request that we would favour you with our opinion on the questions submitted in the cage.
We have taken the matter into our consideration, and, in obedience to your commands, have the honour to
Report-
That we are of opinion as follows:-
1. The Attorney-General of Trinidad has not power to indict the accused without a preliminary examination before the magistrate.
2. The Supreme Court of Trinidad has not jurisdiction to try, and punish these men, either with or without such preliminary proceedings. charged was not committed in Trinidad; and, in the absence of express legislation The crime with which they are conferring power to try crimes committed elsewhere, the Supreme Court of Trinidad can take cognizance only of crimes committed within its local limits.
3. We think that the Trinidad Legislature is competent to legislate as proposed in. section 2 of Draft I. in Appendix E. to Mr. Garcia's report.
The earlier part of section 3 of Draft II. seems to be already provided for by the Imperial Statute 12 & 13 Vict. c. 96. section 3, and power is conferred by 23 & 24 Vict. c. 122, to pass such an enactment as is contained in the second part of that section.
But we are clearly of opinion that section 2 of Draft II. ought not to be passed by the Trinidad Legislature. The Imperial Legislature may legislate for all British subjects in respect of any acts wherever done. But it would not be in accordance with the practice which has prevailed that a colonial legislature should, without the authority of the Imperial Parliament, pass an ordinance for the punishment in the Colony of acts done elsewhere. The proposed enactment, extending as it does to all British subjects, whether they have ever been resident in Trinidad or not, appears to us not to be one proper to be passed by a local legislature. In cases where the Imperial Parliament has conferred powers of this nature on colonial courts, they have been carefully limited as in the statutes above mentioned. And the terms of
37 & 38 Vict. c. 38, relating to the Straits Settlements may also be referred to.
4. There is power to take proceedings under the ordinance for the surrender of these men to the Venezuelan Government. Whether this power should be exercised is a matter within the discretion of the Governor, as it must necessarily depend upon all the circumstances of the case which are within his knowledge. They can, of course, be delivered up only after the proceedings have been taken which are prescribed by the Ordinance No. 6 of 1847.
We have, &c.
RICHARD E. WEBSTER. ROBERT B. FINLAY.
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90536.-11.
25.-2/98,
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PUBLIC RECORD OFFICE
C.O.885
Reference :-
14 PUBLIC RECORD OFFICE, LONDON
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