CO885-(11-13) — Page 183

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

5. We submit to your Lordship's consideration that what we believe is the rule of the French law in similar cases might with advantage be adopted in Malta, namely, that except for the purposes of customs, and the health, peace, and good order of the port, the ship, though in Maltese waters, should be considered as a part of the territory under whose flag she sails, and should not in other respects be subject to Maltose law.

6. Passing from the general question to the Report of the Crown Advocate, we agree with the greater part of it, both in the reasons and the conclusions.

7. There is, in our view, a great difference between persons who have made their way to a foreign country and taken refuge there, and those who are brought into the waters and within the territorial jurisdiction of that foreign country on board and remaining on board a ship on their way to trial or punishment after trial.

8. We consider that no analogy exists between the two cases which will admit of any

sound argument from, or true reference to, the principles of extradition.

9. In our opinion the ship should be, as we have already remarked, taken as a part of the territory of the country whose flag she carries, and no distinction should in principle be made in the classes of offences.

10. We are therefore obliged to differ from Lord Kimberley in respect to political and military offences, and, in our opinion, the Ordinance, as it now stands, is right in not excluding them.

11. Your Lordship will allow us further to observe that few things more inconvenient or mischievous in a social, public, or political sense could happen than the release at Malta of every political or military offender who might happen to be brought there as a prisoner.

The Report of the Crown Advocate is so very able that we have great diffidence in disagreeing with him, particularly as he must be acquainted with the state of things at Malta, an advantage which we have not. But, as at present advised, we consider the second and third paragraphs printed in italics on page 4 of the Draft Ordinance open to objections, and would advise their being struck out.

In all other respects, but subject to our observations on the general principle, we agree with the Draft Ordinance.

The Earl Granville, K.G.,

&c.

&c.

&c.

We have, &c.

(Signed)

J. D. COLERIDGE. HENRY JAMES.

JAS. PARKER DEANE.

12430.

SIR,

No. 876.

(BRITISH HONDURAS.)

FOREIGN OFFICE to COLONIAL OFFICE.

Foreign Office, November 20, 1873. WITH reference to your letter of the 26th of September last, I am directed by Earl Granville to state to you that his Lordship has consulted the Law Officers of the Crown, first as to the propriety and the legality of the proclamation issued by the Lieutenant-Governor of British Honduras forbidding the export of arms from that Colony, copy of which proclamation was enclosed in your above-mentioned letter, and secondly, as to the terms in which the proclamation was drawn up.

I am now to request that you will inform the Earl of Kimberley that Lord Granville is advised that the issue of a proclamation forbidding the export of arms from a Colony may, in some cases, be legal and proper, but such proclamation should be absolute and apply to all exportation of arms, &c., excepting, of course, articles supplied for the use of Her Majesty's Service, or the property of Her Majesty. In this sense his Lord- ship is advised the proclamation of Governor Cairns would have been proper and legal had he not added the paragraph respecting the state of hostilities in Honduras and Guatemala.

That paragraph affected the whole proclamation, which consequently became illegal, since in effect it limited the prohibition of exportation to those states, besides coming very close to a declaration of neutrality.

The Under Secretary of State, Colonial Office.

U 16978,- 856.

95,-5,86.

I am, &c.

(Signed)

TENTERDEN.