CO885-(11-13) — Page 245

PUBLIC RECORD OFFICE

།། །། T •།

Reference :-

CO.

885

MY LORD,

No. 34.

(MALTA.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, 30th July 1874. WE are honoured with your Lordship's commands, signified in Mr. Herbert's letter of the 29th July instant, stating that he was directed by your Lordship to transmit to us a copy of a letter of the 23rd instant, from the Home Office to the 23 July 1874. Colonial Office, on the subject of a mutiny on board the British ship "Satsuma the high seas on 29th January last. That from this letter it would be seen that one man is now in custody here awaiting the arrival of the "Satsuma," and of the necessary witnesses for the prosecution, and that others of the crew charged with the offence of mutiny or piracy are now in custody at Hong Kong and Melbourne.

on

2. That the question upon which he, Mr. Herbert, was to request that we would favour your Lordship with our report is, whether any, and, if any, what steps can be taken to bring over those persons from Hong Kong and Melbourne for trial in this country.

3. The authority of the Colonial Governments would not extend beyond the limits of the Colonial waters, and therefore a custody under such authority would, beyond those limits, be illegal unless sanctioned by Imperial Act.

4. That upon this point Mr. Herbert was pleased to say that he was to direct our attention to the provisions of the Imperial Act 6 & 7 Vict. c. 34. as extended by 16 & 17 Vict. c. 118, and to enquire whether, in our opinion, these Acts will justify the removal of these persons from the Colonies to this country.

5. That two questions appear to arise upon the construction of the former Act: first, whether the offence being one committed on the high seas is an offence “ com- mitted in any part of Her Majesty's dominions," within the terms of the second section; and further, whether the Act applies to cases where the persons, as in the See 12 & 13 present case, could be tried, and upon conviction punished, in the Colonies into which Viet, c. 96. they have escaped for the very offence for which they would be put upon trial if and Mer- removed to this country.

ping Act.

6. In conclusion, Mr. Herbert was pleased to say that he was to request that we would report at our earliest convenience whether these persons can be brought here for trial from Hong Kong and Melbourne, and, if they can, what steps should be taken to effect such removal.

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

Report

That the Act of 6 & 7 Vict. c. 34. provides for a fugitive criminal found in any Colony being sent back "to that part of Her Majesty's dominions in which he is charged with having committed an offence," and would not, in our opinion, authorise the removal from Melbourne or Hong Kong to London of persons charged with having committed an offence upon the high seas. Such persons can be tried under the Act 12 & 13 Vict, c. 96. in the place in which they have been apprehended.

We have, &c.,

The Right Hon. Earl Carnarvon,

&c.

&c.

&c.

(signed)

RICHARD BAGGALLAY. JOHN HOLKER.

chant Ship-

▲ 19916.-95. 25.-12/04.

12 PUBLIC RECORD OFFICE, LONDON

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

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9909.