CO885-(11-13) — Page 118

3785.

MY LORD,

No. 812. (MALTA.)

LAW OFFICERS to FOREIGN OFFICE.

We are honoured with your Lordship's commands signified in Lord Enfield's

Temple, April 16, 1873. letter of the 5th instant, stating that he was directed by your Lordship to transmit to us a correspondence on the subject of a representation made to the Foreign Office by the Italian Minister at this Court, referring to the circumstances under which an Italian vessel, the “ 'Helène," having on board two criminals who were being taken to Girgenti, was forced by stress of weather to put into Malta, where, by orders of the local authorities, the prisoners were released, in accordance, as it was stated, with the laws in force in the Island.

That the Italian Government having represented the serious consequences which might result from such an occurrence becoming a precedent, and having urged that some understanding should be come to whereby the release of convicts under the circumstances in question might be guarded against, the matter had been referred to the Governor of Malta, who had now sent home a report on the case by the Crown Advocate of the island, enclosing a Draft Ordinance drawn up by that officer with the object of meeting the objections raised by the Italian Government in the case of criminals arriving at Malta under arrest, such arrest having been made under a warrant issued by a competent authority in the place where the offence was committed, or otherwise that there was sufficient evidence to support the arrest, if the offence had been committed in the island.

And that he was to request that we would take the papers into our consideration and favour your Lordship with our opinion first, as to whether the persons on board the "Helène " were under the circumstances stated properly released, and second, whether the Draft Order in Council prepared by the Crown Advocate at Malta is such as might be passed by the Colonial Legislature.

In obedience to your Lordship's commands we have the honour to—

Report

That in our opinion the release of the two men on board the Italian merchant ship "Helèue" in Malta Harbour was proper.

This state of the law, however, may give rise to so much inconvenience and mischief that, in our opinion, it ought not, at least in Malta, be suffered to continue; and with that view we consider the Draft Order in Council prepared by the Crown Advocate in Malta may properly be passed by the Colonial Legislature there.

Earl Granville, K.G.

&c.

&c.

We have, &c. (Signed)

JOHN DUKE COLERIDGE. GEORGE JESSEL.

J. PARKER DEANE.

U 16978-882. 25.-5/86.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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