CO885-(11-13) — Page 255

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PUBLIC RECORD OFFICE

Reference

CO.

885

12 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 41.

(Hong KoNG.)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, 2nd November 1874. We are honoured with your Lordship's commands, signified in Mr. Lister's letter of the 10th ultimo, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office requesting that certain points which had been raised by the Attorney-General of Hong Kong in regard to the execution at Shanghai, under the Order in Council for China and Japan, of a warrant issued at Hong Kong for the arrest of a sailor named Walter Jackson, might be referred to us.

That Mr. Lister was accordingly to request that we would take that letter, with the accompanying report from the Attorney-General of Hong Kong, into our consideration, and report to your Lordship our opinion on the questions raised therein.

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

Report

That in our opinion, a telegram from the Hong Kong police to the Shanghai police, directing the latter to apprehend a felon or misdemeanant, is not "a warrant or order "of arrest issued by a competent authority in Her Majesty's dominions" within the meaning of the 66th section of the Order in Council of the 9th March 1865.

We are further of opinion that a telegram conveying information that a felony has been committed and that a person indicated is suspected would be in law sufficient to justify a British constable, or other officer of a British Court of Justice having the powers of a constable, in apprehending the alleged offender and detaining him until the arrival of a proper warrant.

We agree with the Attorney-General of Hong Kong in thinking that in the case of a foreign national, who arrives at a treaty port, and is there charged with an offence committed on board a British ship, the British Consul can deal with it under the 268th section of the Merchant Shipping Act, 1854, provided such procedure shall be with the express or implied sanction of the Government to which such foreign national shall belong.

We further agree with him in the opinion that a citizen of the United States could not be surrendered to the Hong Kong authorities by an American Consul at a treaty port under the Extradition Treaty of 1842, and we think that his view of the appli- cation of this principle to the case of Walter Jackson is correct. It does not appear to us that the particular case is affected by the distinction between "piracy jure gentium" and piracy by the law of any particular State.

We agree with the views expressed by the Attorney-General of Hong Kong in his Supplemental Report on the case of Walter Jackson, but with this limitation, that the crime, with the commission of which the fugitive is charged, shall have been committed within the jurisdiction of the United States.

We have, &c.,

The Earl of Derby,

&c.

&c.

(Signed)

RICHARD BAGGALLAY. JOHN HOLKER.

J. PARKER DEANE.

A 12916.- 40.

25.-13.