CO885-(10-11) — Page 600

7746.

PU

No. 474.

(Hong Kong.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Temple, August 7, 1867. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 13th July ultimo, stating that he was directed by your Lordship to trans- mit to us a letter from the Colonial Office, forwarding a Despatch and enclosures from the Governor of Hong Kong on the subject of an application made to him by the United States Consul for the detention of some mutinous sailors, and to request that we would take these papers into our consideration, and favour your Lordship with our opinion as to the instructions which Her Majesty's Secretary of State for the Colonies should be advised to give to the Governor of Hong Kong for his guidance in such

cases.

Mr. Hammond was pleased further to say that some papers relating to an appli- cation of a somewhat similar nature made last year by the French Consul at Galle, and which were referred to the then Law Officers on the 3rd of August, were enclosed for our information.

In obedience to your Lordship's commands, we have perused and considered the papers submitted to us, and have the honour to

Report

That we think that in this case the American Consul had no right to claim that the sailors of the American vessel the "Parsee," who had been brought on shore at Hong Kong, and detained at the request of the Consul by the police authorities of Hong Kong, should be delivered up to him to be sent to America for trial.

The exact offence of which the men were alleged to have been guilty does not clearly appear from the papers before us.

It may

be that they were properly triable by the courts at Hong Kong for piracy jure gentium, but if they were not triable for any offence cognizable by those courts we think that they ought not to have been detained by the police, and that the claim of the Consul by the domity of nations" to have the men so detained in aid of his object and purpose of sending them back, proprio motu, to America to be tried there for any offence against the law of that country which they might have committed cannot be recognised and is not capable of being maintained."

Whether this was a case within the 6 & 7 Vict. c. 76. (Extradition Treaty Act with America) we cannot determine upon the information before us, but if it were, the Consul did not adopt the forms prescribed by that Act in order to have the alleged offenders delivered up, but rested his demand on a claim to have them placed at his disposal by reason of some supposed right, usage, or comity which, as we have said, does not, in our opinion, exist in the absence of treaty bearing upon the subject.

We think that directions similar to those contained in Sir G. C. Lewis' Despatch of 30th July 1860, as to the powers of foreign Consuls and the extent of the power and jurisdiction of British authorities abroad to aid such Consuls, might properly be forwarded to Hong Kong for the guidance of the authorities there.

The Lord Stanley.

We have, &c. (Signed)

J. B. KARSLAKE. U. J. SELWYN.

R. PHILLIMORE.

616978-106. 95.-5/86.

RECORD OFFICE

Reference :-

TIC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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