CO885-(10-11) — Page 19

176.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

10 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

No. 1.

(Howo Kowa.)

LAW OFFICERS to COLONIAL OFFICE.

-

MY LORD DUKE,

Doctors' Commons, January 4, 1860. We are honoured with Mr. Elliot's letter of the 14th November last, stating that in our letter of the 13th October 1859 we recommend that Letters Patent should be granted by the Crown for the purpose of investing the Supreme Court of Hong Kong with an appellate jurisdiction in regard to civil suits decided by Her Majesty's consuls under the Order in Council providing for the exercise of jurisdiction over British subjects in Japan. Mr. Elliot was also pleased to state that he was directed by you to enclose a draft which has been prepared in the Colonial Office in order to give effect to our recommendation, and to request that we would inform your Grace whether it is, in our opinion, sufficient for its purpose.

That the concurrent jurisdiction over civil suits originating in Japan which is given to the Supreme Court by the 28th Article of the Order in Council is not adverted to in our letter, and it is inferred that no fresh provisions are required on that head. That if, however, we think that this subject should be noticed in the Letters Patent, it will only be necessary to insert, after the 3rd Article of the Letters Patent, a transcript of the 28th Article of the Order in Council, and to add in the concluding article the words necessary to extend the power of making "rules, orders, and regulations," to the con- current as well as the appellate jurisdiction.

In obedience to the above instructions we have the honour to

Report

That we think it desirable that the concurrent jurisdiction given to the Supreme Courts over suits originating in Japan, given to the Court by the 28th Article of the Order in Council of 3rd March 1859, should also be included in the Letters Patent, and the grant of jurisdiction thereby made, and we have inserted the necessary clauses for that purpose.

We have also in other respects made some necessary additions in the provisions contained in the draft Letters Patent, and in their altered form they will, in our opinion, be proper and sufficient for the desired purpose.

We have, &c. (Signed)

To the Right Hon. the Duke of Newcastle,

&o.

&c.

&c.

J. D. HARDING. RICHARD BETHELL. WM. ATHERTON.

0 16278,-601-

25.-2/86.

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RECORD OFFICE..