CO885-(10-11) — Page 366

503.

€.

No. 297.

(Hosa Koro.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Lincoln's Inn, January 7, 1865. We are honoured with your Lordship's commands, signified in Mr. Layard's letter of the 29th ultimo, stating that with reference to our report of the 24th ultimo (query June 29, 1864*), he was directed to transmit to us together with the previous papers a letter from the Colonial Office, enclosing copies of further correspondence respecting the Hong Kong Neutrality Ordinance; and to request that we would take the same into consideration, and furnish your Lordship with our opinion whether the Ordinance as now amended is right and proper.

In obedience to your Lordship's commands, we have taken these papers into con- sideration, and have the honour to

Report

That we think the Ordinance as now amended is right and proper.

With deference to Mr. Justice Ball, we think it ought to appear on the face of the Ordinance, and not be left to be inferred only upon the principle of necessary implica- tion, that the offence created is one which must be committed within the limits of the Colonial jurisdiction. We agree that in many cases this would be apparent, although not expressed; but we hesitate to assume that the present is one of those cases; the peculiar nature of the subject matter of legislation, and the express mention of a ship within five miles from the Colony being duly considered. There is no necessary legal presumption against an inadvertent excess of its powers by a Colonial Legislature. We entertain no doubt at all that the Ordinance will be valid and effectual in law if passed in the form now proposed; although a ship lying within five miles of the Colony is still mentioned.

We have, &c. (Signed)

The Earl Russell, K.G.,

&c. &c.

&c.

• No. 255.

ROUNDELL PALMER. R. P. COLLIER.

ROBERT PHILLIMORE.

J

▸ 16978,-78. 25.-2/86.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

PUBLIC RECORD OFFICE, LONDON

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