12075
PUBLIC RECORD OFFICE
Reference:
C.O.885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
16 PUBLIC
RECORD OFFICE, LONDON
7
No. 138.
(STRAITS SETTLEMENTS.)
LAW OFFICERS to COLONIAL OFFICE.
[Surrender of Fugitive Offenders between the Straits and the Federated Malay States and other Malay States.]
SIR,
Law Officers' Department,
Royal Courts of Justice, 12th April, 1911. WE were honoured with the Secretary of State's commands signified in Mr. H. Bertram Cox's letter of the 9th August last stating that he was directed to inform us that, since the receipt of the Law Officers' Report of the 4th of March, 1910,* * the Secretary of State had been in communication with the Governor of the Straits Settlements on the question of the mutual surrender of fugitive criminals between the Colony and the neighbouring Protected States and between the Protected States themselves.
That Mr. Bertram Cox was to enclose a copy of the despatch which was addressed to the Governor on receipt of that Report, together with two despatches received from Sir J. Anderson in reply.
That Mr. Bertram Cox was to observe with reference to paragraph 3 and the following paragraphs of the first of the Governor's despatches that he appeared to have overlooked the provisions of Section 25 of the Fugitive Offenders Act, 1881 (44 and 45 Vict., Chap. 69), relating to the legal custody of prisoners in transit between different places in, or belonging to, the same British Possession.
That in connection with Sir J. Anderson's remarks on the subject of extra- dition arrangements, Mr. Bertram Cox was to say that a further difficulty had occurred to the Secretary of State with regard to the adoption of the procedure of the Extradition Act for the mutual surrender of fugitive criminals between the Straits Settlements and the Protected States.
That it appeared to the Secretary of State that since Section 11 of the Extra. dition Act provides only for the safe custody of prisoners extradited from the United Kingdom (or a British Colony, as the case may be), the procedure outlined in paragraphs 5 and 6 of the despatch from your Department of the 20th of April could not be applicable to all offenders extradited from the Protected States to the Straits Settlements, but only to subjects of those States, for whom alone, as indicated in paragraph 7 of the same despatch, their Rulers have power to legislate extra- territorially.
That it would seem doubtful, therefore, whether it would be worth while to utilise the Extradition Act for the introduction of so limited a system, since, though under it the Straits Settlements could surrender any fugitive criminal to any of the Protected States, the latter could only surrender their own subjects to the Straits Settlements.
That, after giving further consideration to the matter, the Secretary of State inclined to the opinion that the idea, underlying the draft Ordinance first submitted by the Governor of the Straits Settlements, and enclosed in the letter from your Department of the 22nd June, 1909, was sound, ie, that the problem which had arisen must be solved by means of the procedure of the Fugitive Offenders Act rather than by that of the Extradition Act.
That, as contrasted with the limited operation of the latter Act, which provides for the legal custody of fugitive criminals only whilst they are being returned from British territory to foreign States, but not vice versa, the Fugitive Offenders Act makes complete provision for the rendition of fugitive criminals within the British Empire, ie., it provides for the legal custody of a fugitive between the United Kingdom and a Colony, whether he is being sent to or from the United Kingdom or between any two Colonies.
That, in these circumstances, the Secretary of State thought that it might be advisable to introduce a short Bill in the Imperial Parliament amending the Fugitive Offenders Act by making it capable of extension by Order in Council under Section 31 to Protected States with which an Agreement might be made for the mutual rendition of fugitive criminals under the provisions of that Act.
That the Bill, in the Secretary of State's opinion, might conveniently contain a provision that the Agreements contemplated might be entered into by the Governor of 11
British Possession with the approval of a Secretary of State.
(20976-2.) Wt. 06-481. 25. 11/11. D & S.
• No. 130.