·
In obedience to your Lordship's commands we have the honour to
Report
That our report in this case has been delayed by the necessity of previously forming our opinion and making our report, which we had the honour to submit to your Lord- ship upon the subject of the territorial jurisdiction over the waters adjoining the Colony of Hong Kong.
That we have endeavoured to answer all these questions, though we have not exactly We think that an followed the order in which they have been propounded to us. armed vessel commissioned or empowered and maintained by the Colonial Government for the purposes of native police, but not, commissioned by the Lords of the Admiralty, cannot, as the law now stands, seize beyond the limits of Colonial waters and bring into the Colony for trial before Colonial courts British subjects or vessels or foreign persons or vessels concerned within the Colony in offences against Colonial law, or concerned beyond the Colony in offences against the laws of the British empire (say, in a slave trade) or (except as to piracy) against the law of nations.
The unlawfulness would not be taken away or at all affected by the fact that the chase of the captured vessel began while she was in the usual limits of the territorial waters of Her Majesty's dominions.
As to the question whether it would be competent to Her Majesty's Government, or the Government of Hong Kong, to authorise without the aid of an Imperial Statute, the establishment of an armed police vessel of the character and with the authority required,
We are of opinion that a provision of the kind required, to the extent and under the limitations about to be mentioned, might be effected by an additional Order in Council giving authority to the Governor of Hong Kong, with the advice of his Council. to make an Ordinance for the commissioning or establishing of an armed police vessel having authority to act as such to the distance of 100 miles from the coast.
The functions of this armed vessel must be strictly confined, so far as foreign vessels are concerned, to the seizure of piratical vessels; great care must of course be taken in this respect, but the same observation applies to ships of war who seize such vessels. Piratical vessels are seizable everywhere on the high seas, and justiciable before the tribunals of all civilized states.
We think that this vessel might be empowered to seize British subjects guilty of violations of British municipal law at Hong Kong or in the British settlements on the Chinese continent, being found on board British merchant ships within the territorial waters of Hong Kong, as explained in our former report-or within 100 miles distance from the shore.
We think also that an Order in Council should give special authority to the court at Hong Kong to try such cases. We say this as we are not aware whether it has such power under its present constitution.
It would be lawful for such armed police vessel to render aid to any of Her Majesty's ships of war engaged in the capture of pirates.
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
We have, &c.
(Signed)
JOHN ROLT.
J.B. KARSLAKE. ROBERT PHILLIMORE.
1851.
No. 457.
(GENERAL.)
F. S. REILLY, Esq, Q.C., to ADMIRALTY.
OPINION ON THE SUBJECT OF THE PROTECTION OF HER MAJESTY'S NAVAL AND VICTUALLING STORES IN THE COLONIES.
I HAVE considered the accompanying papers, including. Mr. Romaine's note of the 12th instant, and I am of
Opinion
That the best course will be for the Colonial Office in their proposed Circular Despatch to refer the different Colonial Governments to the Imperial Act, and to request them to pass measures, adapted to their respective colonies, embodying the principles, and, as far as may be, the details of the Imperial Act. It appears to me that the Imperial Act is the beat model that could be furnished for general adoption.
In the recent case of legislation respecting Admiralty lands in the Colonies, a model Bill was framed in this country and circulated, but the circumstances of that case were different, inasmuch as no Imperial Act existed which could serve as a model for Colonial legislation.
It will be desirable that the Colonial Office Despatch should draw attention to the necessity of providing for the protection of stores brought into the Colony for the Queen's use and not merely for the protection of stores, if any, manufactured or provided in the Colony.
15th February 1867.
16978.-667. G. 51. 25.-5/86.
(Signed)
FRANS. S. REILLY, Lincoln's Inn.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT IU:
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