CO885-(11-13) — Page 363

3434.

MY LORD,

No. 129.

(FIJI.)

LAW OFFICERS to FOREIGN OFFICE.

We are honoured with your Lordship's commands, signified in Sir Julian

Temple, March 16, 1877. Pauncefote's letter of the 22nd ultimo, stating that with reference to our report of the 3rd of January last on the draft Order in Council for regulating the exercise of Her Majesty's jurisdiction over British subjects in Western Polynesia, he was directed by your Lordship to transmit to us the accompanying letters from the Colonial Office together with the draft Order, containing some further alterations which had been suggested by Mr. Reilly, and Sir Julian Pauncefote was to request that we would take these papers into our consideration, and favour your Lordship with our opinion whether in view of the explanations offered by the Colonial Office in their letter of the 14th of February your Lordship may properly concur in the issue of the proposed Order in its present shape.

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

Report

That the case of the "Franconia seems to us to place limits upon the exercise of any jurisdiction on board foreign ships below low-water mark, and to show a distinction between land and the sea below low-water mark, though within the three mile zone.

Section 21, if construed strictly, makes a British subject who may have committed an offence in the British Channel subject to the jurisdiction of and procedure established for the Court of the High Commissioner in, over, and for the Western Pacific Islands. Such British subject, on reaching any of the places described in Part 2 of the Order in Council, may, therefore, be put upon his trial for that offence and interrogated. This provision, with the greatest respect, 'we submit is beyond the power of the Crown. In other respects, and subject to the observation made in our former report upon the arbitrary nature of some of the provisions in the Order in Council, we have no objections to make to the Order as now settled by Mr. Reilly.

The Earl of Derby.

(Signed)

We have, &c.,

JOHN HOLKER. HARDINGE GIFFARD. J. PARKER DEANE.

▲ 12916.-128. 25.-12 81.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

12 PUBLIC RECORD OFFICE, LONDON

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

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