CO885-(11-13) — Page 491

PUBLIC RECORD OFFICE

CO.

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No. 227a.

(CYPRUS.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

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

Temple, May 31, 1880. Pauncefote's letter of the 22nd May instant, stating that he had to transmit to us by direction of your Lordship the papers noted in the margin, relating to the case of a Greek subject named Sawas, who was recently tried before the competent Turkish Court in Cyprus for the murder of an Ottoman subject, and was found guilty and sentenced to death. That Sir Julian Pauncefote was to invite our attention in the first place to the reports of our predecessors of the 29th of December, the 16th of January, and the 11th of February last, from which we would observe that Sawas was originally convicted of the above crime before Her Majesty's High Court of Justice established in the Island under Ordinance No. 1 of 1878, and sentenced to death; but doubts having arisen as to the jurisdiction of the Court in such a case, having regard to the nationality. of the parties and to the terms of sections 10 and 108 (c) of the Ordinance, the question was referred to the Law Officers of the Crown, who reported against the jurisdiction of the Court, and advised that the proceedings in the case were null and void, and that the prisoner should be handed over to the proper Ottoman Court for trial.

That, that course having been followed, the prisoner had been tried before the last- mentioned Court, found guilty and sentenced to death, and Her Majesty's High Com- missioner, being desirous to commute the sentence to imprisonment for life, had applied for advice as to whether he had legal power to effect such commutation, under Article 22 of Her Majesty's Order in Council for Cyprus and Article 23 of the Royal Instruc- tions, by way of conditional pardon, or whether local legislation was necessary for that

purpose.

That Sir Julian Pauncefote was to refer us to the reports of the Law Officers of the Crown on that point cited in Forsyth's Constitutional Law, pages 76 and 462, and to (16 Feb. request that we would favour your Lordship with our opinion at our earliest convenience 1853.) on the question raised by the High Commissioner, and as to the instructions which should (3 May be sent to him in reply to his inquiry.

1854.)

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

Report

That in our opinion Her Majesty's High Commissioner in Cyprus has, under Article 22 of the Order in Council for Cyprus and under Article 23 of the Royal Instructions legal power to commute a sentence of death to imprisonment for life, or some other punishment by means of a pardon conditional on the delinquent undergoing the substi- tuted punishment, and local legislation is not necessary for the purpose of conferring such

power on the High Commissioner.

We have, &c., (Signed)

The Right Hon. the Earl Granville,

&o. &c.

&c.

HENRY JAMES. FARRER HERSCHELL.

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J. PARKER DEANE.

*Nos. 212a, 213a, and 218a.

▲ 20491.-31.95.--6/85.

885

12 PUBLIC RECORD OFFICE, LONDON

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

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