CO885-(11-13) — Page 5

5459.

PUBLIC RECORD OFFICE

MY LORD,

No. 711.

(NEW SOUTH WALES.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, May 18, 1871. We are honoured with your Lordship's commands, signified in Viscount Enfield's letter of the 3rd instant, stating-

1st. That with reference to our reports of the 15th of February and 17th of March last respecting the proposed Order in Council for the regulation of consular jurisdiction in the Fiji Islands, he was directed by your Lordship to transmit to us a letter from the Colonial Office approving the Order generally, but suggesting doubts both as to the powers of the Supreme Court of New South Wales to try appeals or references in criminal cases and as to the propriety of directing, without previous reference to the Colonial Government, that persons guilty of crimes in the Fiji Islands should be deported for punishment to a British Colony.

2nd. That your Lordship apprehended that the objections raised by the Colonial Secretary on those points might be met by the insertion in Articles 13, 14, 15, 16, 21, and 22 of a provision to the effect that the consent of the Colonial Government should be obtained for hearing criminal cases on appeal, and for undertaking the custody of offenders deported from Fiji, before those clauses could take effect, and your Lordship directed him to return the Order in Council to us in order that we might make such alterations in it as we might think necessary to meet those objections.

3rd. That Viscount Enfield was to add that your Lordship thought it would be better, if possible, to pass the Order in Council as a whole, and not in part as suggested by the Colonial Office.

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

Report

That as regards the 13th Article we do not think that the jurisdiction which it confers is strictly speaking an appellate jurisdiction; at the same time we think it advisable that Lord Granville's suggestion be adopted, that the consent of the Colonial Government should be obtained to its provisions before they take effect.

As regards the remaining articles to which Mr. Holland's letter refers, we entirely agree with your Lordship that it may be desirable on grounds of policy to obtain the consent of the Colony of New South Wales to the provisions contained in them which affect that Colony.

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It appears to us that the best mode of expressing this in the Order would be the insertion of an additional article thus worded: Articles 13, 14, 15, 16, 17, 21, 22, and "23 shall not take effect until the consent of the Government of the Colony of New

South Wales shall have been obtained thereto."

CC

The Earl Granville,

&c.

&c.

We have, &c.

(Signed)

R. P. COLLIER. J. D. COLERIDGE.

TRAVERS TWISS.

16278.-427.

25.-5 66.

Reference :-

MC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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