CO885-(10-11) — Page 661

8462.

PUBLIC RECORD OFFICE

Reference :-

MC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

partially the former Order in Council, but to leave the Letters Patent of the Bishop unaltered.

It appears to us that the Order in Council should not be passed without the consent of Bishop Alford to the limitation of his jurisdiction, assuming that jurisdiction was conferred on him by the former Order in Council and his Letters Patent, which in- corporate those granted to Bishop Smith; it appears to us that while the See is full no alteration in the limits of the diocese or of the jurisdiction of the bishops thereof should be made without the consent of the Archbishop of Canterbury and the Bishop of Victoria for the time being.

The Letters Patent should, therefore, we think, be altered pro tanto with the consents before mentioned. Then the new Order in Council will be made revoking pro tanto the Order of 1st May 1849, and ordering that persons in Holy Orders within the new

mits shall be subject to the jurisdiction of the newly-appointed Bishop.

This Bishop is, however, to be appointed, as we understand, under the 5th Viot. c. 6., and we do not see how he can exercise any other jurisdiction than that consensual spiritual jurisdiction "over the ministers of British congregations of the United "Church of England and Ireland, and over such other Protestant congregations as may be desirous of placing themselves under his authority," which by virtue of that Act he is empowered to exercise,

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The Act of 6 & 7 Vict. c. 80. a. 3. has so long been interpreted as conferring on Her Majesty power to make an Order in Council affecting the spiritual control over subjects in China, that it is perhaps hardly worth while for us to suggest the doubt which would have occurred to us if the matter had been res integra whether that Act really related to anything more than the civil government of such subjects.

We have, &c. (Signed)

His Grace the Duke of Buckingham and Chandos,

&c.

&c.

&c.

JOHN B. KARSLAKE. WM. BALIOL BRETT, TRAVERS TWISS,

SIR,

No. 525.

(Hong KoNG.)

FOREIGN OFFICE to COLONIAL OFFICE.

Foreign Office, August 4, 1868. WITH reference to your letter of the 16th ultimo, I am directed by Lord Stanley

to transmit to you, for the perusal of the Duke of Buckingham and Chandos, a letter July 29, with its enclosures which his Lordship has received from the Board of Admiralty 1868. respecting the measures adopted by Vice-Admiral Sir Henry Keppel for the disarma- ment of Chinese junks, with a view to the suppression of piracy, and I am to request will acquaint his Grace that Lord Stanley has informed the Lords of the you Admiralty that he concurs with their Lordships in the propriety of approving the judicious course pursued by Admiral Keppel in this matter.

that

I am to add, that having consulted the proper Law Officers of the Crown in regard to the Ordinance proposed to be issued by the Governor of Hong Kong, Lord Stanley is advised that it is probably within the power of the Governor to introduce an Ordi- nance having for its purpose to enforce by penalties laws which will, to use the Governor's words, "enable the Government to keep abreast of the Chinese authorities "in the movement which they are about to initiate," but without knowing more specifically the nature of the proposed Ordinance no further remark can be made at present on the Governor's communication.

Lord Stanley would, therefore, suggest that the Despatch which the Duke of Buckingham has caused to be prepared to be addressed to the Governor of Hong Kong should be made to correspond with the opinion of the Law Officers of the Crown.

I am, &c. (Signed) E. HAMMOND

The Under Secretary of State, Colonial Office.

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16978.--557.

25.---5/86.

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