CO885-(10-11) — Page 41

6103,

PUBLIC RECORD OFFICE

Reference :-

3

6

C.O. 885-

10 PUBLIC RECORD OFFICE, LONDON

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

MY LORD DUKE,

No. 22.

(Hong Kong.)

LAW OFFICERS to COLONIAL OFFICE.

Doctors' Commons, June 13, 1860.

We were honoured with your Grace's commands, signified in Mr. Rogers' letter of May last, stating that he was directed by your Grace to lay before us the enclosed copy of a Despatch from the Governor of Hong Kong, and to request that we would favour your Grace with our opinion on the question conveyed in the first paragraph of that Despatch, namely, whether it is necessary under the terms of the 13 & 14 Vict. c. 26. for the naval authorities after each expedition against pirates to take the judg- ment of the Vice-Admiralty Court, as to whether the persons attacked, or any of them, were pirates, even if the intervention of the Court be not required for the purpose of obtaining fitting rewards from the Government, or for the condemnation or restoration of captured property.

In obedience to your Grace's commands we have taken the above-mentioned Despatch into consideration, and have the honour to

Report

That the question conveyed in the first paragraph of this Despatch must be answered in the negative. Naval officers, however, cannot legally acquire any title to, or interest in, either the ships or goods which they may take from pirates, or the proceeds of such ships or goods; nor can they claim any share thereof from the Crown or the Admiralty, without the previous sentence of a Court having Admiralty jurisdiction, and whenever ships or goods are taken from pirates by naval officers they should, under proper advice, institute proceedings in such a Court; but where they take no such ships or goods or do not claim any portion thereof, or of the proceeds, and do not apply for any pecuniary reward, they need not institute any such proceedings.

His Grace the Duke of Newcastle,

&o.

&o.

We have, &c. (Signed) J. D. HARDING.

RICHARD BETHELL,

&c.

P 14278-486,

95,--3/56,

£

1