CO885-(11-13) — Page 222

4221.

MY LORD,

No. 13.

(NEW SOUTH WALES.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, 9th April 1874. We are honoured with your Lordship's commande, signified in Lord Tenterden's letter of the 2nd April inst., stating that he was directed by you to transmit to us the accompanying letter from the Colonial Office, enclosing a copy of Reuter's telegram announcing the escape from New Caledonia and arrival at Sydney of Rochefort and other late Communist prisoners, who, it is reported, intend to proceed immediately to Europe; and

That the Secretary of State for the Colonies, as we would perceive, was desirous that Her Majesty's Government should at once consider what course they ought to pursue in the event of the French Government making a demand for the surrender of those persons on the ground of their having been guilty of other than political offences, or of the Colonial Government taking steps with a view to their removal from the Colony.

Lord Tenterden also stated that he (sic. in orig.) to request that we would take the matter into our consideration, and that we would favour your Lordship with our opinion upon the subject.

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

Report

That in the event of the French Government making a demand for the surrender of these persons, it will be necessary that evidence should be furnished to Her Majesty's Government that a specific orime has been committed within the Extradition Treaty (and not being a political offence) for which extradition is demanded, 33 & 34 Vict. c. 52. 8. 3. sub-section 1; and by sub-section 2 the fugitive criminal is not to be surren- dered to a foreign State unless provision is made by the law of that State, or by arrangement, that the fugitive criminal shall not, until he is restored or had an oppor- tunity of returning to Her Majesty's dominions, be detained or tried in the foreign State for any offence committed prior to his surrender other than the extradition crime proved by the facts on which the surrender is grounded. See also sections 9 and 19 of same Act.

Should the persons in question, therefore, come to this country, and be demanded by the French Government, it will of course be the duty of Her Majesty's Government to, see clearly that the demand is one made in accordance with the provisions of the Treaty and Act, and in the event of arrest the accused will have the opportunity of proving to the magistrate, or to the court on habeas corpus, that the demand has been made with a view to punishment for an offence of a political character.

We have, &c.,

The Earl of Derby.

(Signed)

JOHN B. KARSLAKE. RICHD. BAGGALLAY. J. PARKER DEANE.

▲ 19916.-14. 95.-12/84.

PUBLIC RECORD OFFICE

Reference :-

TTIINCO.

885

12 PUBLIC RECORD OFFICE, LONDON

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