CO885-(10-11) — Page 455

11726.

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

10PUBLIC RECORD OFFICE, LONDON

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

No. 372.

(HoNG KONG.)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, November 28, 1865. MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 30th ultimo, stating that with reference to our Report of the 6th ultimo-- in which we stated that though by no means satisfied that the power of pardoning offenders convicted in the Consular Courts in China, which was conferred upon the Governor of Hong Kong by the Letters Patent of the 13th October 1863, is limited or controlled by the recital therein of the Order in Council of June 13th, 1853 (now repealed), we were, nevertheless, of opinion that the safest course would be that fresh Letters Patent should be issued to the Governor of Hong Kong, conferring this power upon him he was directed by Earl Russell to state to us that his Lordship concurred in this opinion, as the Order in Council of the 9th of March last provides that convicted offenders shall, as heretofore, in certain cases be brought within the That your Lordship also Colony of Hong Kong to undergo their punishment. desired him at the same time to submit to our consideration whether it would not be desirable to issue fresh Letters Patent to Her Majesty's Minister in China. That the Letters Patent issued to Sir F. Bruce did not, it is true, recite the Order in Council of 1853; but they appear to have conferred the pardoning power upon Sir F. Bruce alone, and consequently not to extend to his successor, even if they may be assumed to have extended to the gentleman who was appointed to act as Chargé d'Affaires during what was, at the time, believed to be Sir F. Bruce's temporary absence from China.

That Earl Russell wished further to consult us whether it would not be desirable to confer upon Her Majesty's Minister in Japan, making of course the Letters Patent issued to the Governor of Hong Kong applicable to Japanese cases also. That if we should be of opinion that Letters Patent should be issued in these several cases, Earl Russell requested to know whether, in our opinion, the Letters might not be made general so as not to be confined to the person actually holding the office of Her Majesty's Minister in Pekin or in Japan, or of Governor of Hong Kong, but to extend to the person or persons who might be discharging the duties of either of those officers in the event of the death of the minister or governor, or of his absence from his post for any other cause. The previous papers were returned therewith for reference if required.

In obedience to the above commands we have further considered this case, and have the honour to

Report

That we think it would be expedient to issue fresh Letters Patent to Her Majesty's Minister in China, and to issue such letters to Her Majesty's Minister in Japan, con- ferring the power of pardoning criminals, and we agree that it would be expedient to make the Letters Patent of the Governor of Hong Kong applicable to cases in Japan. We think also that it would be proper so to frame the Letters Patent as to continue the power of pardoning therein contained to the successor or occasional deputy (in case of absence) of the officer to whom they were originally granted.

With reference to the inquiry made in the letter from the Colonial Office, dated the 2nd instant, we consider it to be the better opinion that the Letters Patent of the 13th of October 1863 to the Governor of Hong Kong are not repealed but are still in force. But for the reasons stated in our former report, and which we understand to have met with Earl Russell's approval, we think it is expedient to obviate by the issue of further Letters Patent every question of this kind.

We have, &c.

The Earl of Clarendon,

&c.

&c.

(Signed)

ROUNDELL PALMER.

R. P. COLLIER. ROBERT PHILLIMORE.

0

16278.-588

25.-2 86.