CO885-(11-13) — Page 537

governmment to instruct the High Commissioner of Cyprus to suspend any further payments on account of the surplus revenue.

Mr. Goschen's proposal to continue to press for the immediate remittance of as large a portion as possible of the 85,000l. which the Porte offered to pay on account of the interest due on the 1855 loan is approved, and I have to request your Excellency to take action accordingly.

12,459.

5;n:---- --

MY LORD,

No. 259.

(CYPRUS.)

LAW OFFICERS to COLONIAL OFFICE.

WE were honoured with your Lordship's commands, signified in Mr. Herbert's

Temple, 11th July 1881. letter of the 6th instant, stating that he was directed by your Lordship to inform us that the High Commissioner of Cyprus had reported by telegraph that a request had been made to him by the Porte to arrest certain persons charged with robbery, and had asked for instructions in the matter.

That the Order in Council for regulating extradition from Cyprus, the draft of which was recently submitted to, and subject to certain alterations approved by, our. selves and Dr. Deane (a copy of which draft was enclosed for reference) had not yet been issued. In those circumstances Mr. Herbert was to request that we would favour your Lordship, at our earliest convenience, with our opinion as to whether he might properly instruct the High Commissioner to cause proceedings to be taken in the manner proposed to be prescribed by the Order in Council for dealing with such a case as that mentioned in his telegram, and to require the conditions intended to be laid down by the Order to be fulfilled before complying with the request of the Porte, passing, if the emergency was such as to render it necessary, an Ordinance for that purpose; or if we should be of opinion that this course was not admissible, having regard to the nature and terms of the English occupation, to advise your Lordship as to the instructions which he should give to the High Commissioner.

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

Report

That we are of opinion that the general principles affecting extradition ought to regulate the action of the Government in Cyprus, and that no extradition should be granted (even on the application of the Porte) unless it can be justified by strict legal

power.

We therefore think that no extradition should take place until the Order in Council 'be passed. As soon as that is done (there being a retrospective clause in the Order), the application for extradition, if well founded, can be acceded to.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

We have, &c., (Signed) HENRY JAMES.

FARRER HERSCHELL.

▲ 12916.-240. 25.-19/84.

PUBLIC RECORD OFFICE

गय

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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

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