CO885-(10-11) — Page 233

5714.

No. 187.

(Hoya Kong.)

LAW OFFICERS to FOREIGN OFFICE.

EXTRACT from an Opinion on a question involving the power of the Supreme Court in Hong Kong to issue a Mandamus to the Consular Courts in China.

June 3, 1863. THERE remains the question as to the power of the Supreme Court at Hong Kong to issue a mandamus to the consular courts. We cannot find any trace of such an authority in the original charter (6 Hertalet 228) which was confined to matters of oriminal jurisdiction. Perhaps the court may by a subsequent charter have acquired the power of mandamus, but if this be so we should desire to see this further charter. Otherwise in the absence of any proper authority, plainly conferring the power of controlling the consular courts, we are of opinion that it cannot be arrogated by the court at Hong Kong, which is (without such authority) merely a court of appellate, and in some cases of concurrent, jurisdiction.

• 16378.-785.

25.-2/86.

PUBLIC RECORD OFFICE

Reference :-

TPIPC.O.

885

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO