CO885-(10-11) — Page 760

11682.

No. 607.

(Hong Kong.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Temple, October 9, 1869. We are honoured with your Lordship's commands, signified to us in Mr. Ham- mond's letter of the 29th September last, stating that, with reference to our report of the 30th of April last, he was directed by your Lordship to transmit to us a letter from the Colonial Office with a copy of a Despatch from the Governor of Hong Kong, 23 Sept. enclosing the draft of an Ordinance to provide for the extradition of fugitives from justice when applied for by the authorities at Macao.

For our convenience Mr. Hammon" was pleased to return to us the previous correspondence on this matter, as marked in the margin, and he was to request that we would take these papers into our consideration, and favour your Lordship with any observations we might have to offer in regard to the Governor of Hong Kong's proposed Ordinance.

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

Report

That, with regard to the points on which Mr. Monsell has asked for the opinion the Foreign Office, we think

of

1. That there is no reason which occurs to us why British subjects should be excluded from the operation of the Ordinance.

2. That military deserters may very properly be included within its scope.

3. That persons accused of the, crime of piracy jure gentium may likewise be properly included within its scope.

4. That no reason occurs to us why the sanction of the consular authorities should be asked for before criminal fugitives of other countries besides China are surrendered to the Government of Macao; they are persons who by the supposition have rendered themselves amenable or are said to have rendered themselves amenable to the criminal law, and with regard to such persons as no question of nationality could arise, if they had not escaped from Macao or Hong Kong respectively, we do not see why any question of nationality need arise in an extradition treaty such as this is in substance.

5. We see no reason for confining the operation of s. 10 as suggested in Mr. Mon- Bell's letter. It can hardly be said that an attempt to murder becomes more political in its nature because it is directed against the person of a subordinate officer and not of the Governor himself.

We need hardly observe that all these points are, after all, matters much more for your Lordship's judgment than questions of legal opinion.

We have, &c. (Signed)

The Right Hon. the Earl of Clarendon, K.G.

&c.

&c.

&c.

R. P. COLLIER. J. D. COLERIDGE. TRAVERS TWISS.

016376.-645.

25.----5/86.

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 885

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11 PUBLIC RECORD OFFICE, LONDON

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