CO885-(10-11) — Page 534

6294.

SIR,

No. 417.

(Hong KoNG.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, June 28, 1866.

We are honoured with your commands, signified in Mr. Elliot's letter of the 24th May ultimo, stating that he was directed by you to transmit to us a copy of a Despatch from the Governor of Hong Kong, raising a question as to the jurisdiction of the local No. 5. courts over piracies committed in the neighbourhood of the Colony, and to request that 31 March we would take these papers into our consideration and inform you whether the Hong Kong courts can take cognizance of a piracy committed in Chinese waters.

In obedience to your commands we have taken these papers into consideration, and have the honour to

Report

That we are of opinion that the courts of Hong Kong may take cognizance of piracies committed by British subjects (including within that term all residents within the Colony) in such Chinese waters as, according to the cases cited by the Colonial Attorney General, are within the jurisdiction of the Admiralty (see 12 & 13 Vict. c. 96. sec. 2). But the Queen's courts have no jurisdiction to try foreigners non- resident within the Queen's dominions, and, therefore, owing to Her not even temporary allegiance, except for piracy "jure gentium,” and in order to constitute this crime the murder or robbery must have been committed on the high seas.

We have, &c.

(Signed)

The Right Hon. Edward Cardwell, M.P.

&c.

&c.

&c.

ROUNDELL PALMER R. P. COLLIER.

1866.

o 16978-770.

25.-5/86.

PUBLIC RECORD OFFICE

ווי

Reference :-

..................С.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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