CO885-(11-13) — Page 167

10716.

MY LORD,

No. 861.

(STRAITS SETTLEMENTS.)

LAW OFFICERS to FOREIGN OFFICE.

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Temple, September 30, 1873. We have been honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 18th of September, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office relative to a Bill which had been drafted by the Attorney-General of the Straits Settlements to enable the courts of that Colony to try offences committed by British subjects in neighbouring countries, and Mr. Hammond also stated that he was to request that we would take that letter and its enclosure into our consideration, and report to your Lordship our opinion whether the proposed extension of the jurisdiction of the courts of the Straits Settlements to Quedah and other States in more or less dependence on Siam would conflict with the Order in Council for Siam, a copy of which was sent for convenience of reference.

In obedience to your Lordship's commands we have taken the papers into our con- sideration, and have the honour to

Report

That the Order in Council for Siam, sections 13 and 14 limits the power of the Consul to cases in which one month's imprisonment or a fine of $200 and 12 months' imprisonment or a fine of $1,000 would be sufficient punishment.

Section 21 empowers the Consul in Siam to cause any British subject charged with the commission of any crime or offence within the cognisance of the Consul to be sent to Singapore for trial.

On the one hand, therefore, the Order limits the jurisdiction of the Consul in criminal cases, and on the other hand enables him to send the accused to Singapore for trial.

Besides the Order in Council applies only to British subjects charged with crimes committed within the dominions of the King of Siam.

In respect to crimes and persons charged with the commission of crimes the draft Bill goes much further than the Order in Council, and embraces persons and crimes not within that Order, but such extension of power does not, in our opinion, bring it in conflict with the Order.

With reference to cases within the cognisance of the British Consuls in Siam under the Order, we are of opinion that he will have a concurrent jurisdiction with the court of the Straits Settlements, and may send or not any of these cases to be tried at Singa- pore, as he might have done under section 21 of the Order, and in this class of cases also the draft Bill is not in conflict with the Order.

The Earl Granville.

We have, &c. (Signed) J. D. COLERIDGE.

G. JESSEL.

U 16278.-851. 25.-5/86.

PUBLIC RECORD OFFICE

C.O. 885

Reference :-

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PUBLIC RECORD OFFICE, LONDON

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

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