CO885-(11-13) — Page 538

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MY LORD,

No. 260.

(QUEENSLAND.)

LAW OFFICERS to COLONIAL OFFICE.

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

Temple, 12th July 1881. letter of the 10th ultimo, stating that he was directed by your Lordship to transmit a copy of a bill which it was the intention of the Government of Queensland to intro- duce during the next session of the Colonial Parliament, dealing with the subject of the extradition of escaped prisoners from New Caledonia and elsewhere.

That the bill had been communicated to the Secretary of State for Foreign Affairs, and that Mr. Herbert was to enclose a copy of a letter containing observations upon it which had been received from the Foreign Office in reply. That the reference in that letter to the Malta Ordinance appeared to relate to the following passage in a report from the then Law Officers, dated the 25th of September 1874 :---

"Should any change be made in the regulations at Malta in respect of persons supposed to be slaves, your Lordship may probably think it proper to communicate the new regulations to foreign Governments, in order to obviate any complaints which might otherwise be made on the ground of detention of vessels or infliction of penalties

That Mr. Herbert was also to transmit to us a copy of the correspondence noted in the margin, which would place us in possession of the circumstances which had led to the proposed introduction of this bill by the Queensland Government, and to request that we would acquaint your Lordship whether in our opinion the proposed measure was within the powers of the Colonial legislature, and could be sanctioned without reasonable objections from foreign Powers.

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

Report

That we are of opinion that the proposed measure contains provisions of a nature which may give cause for reasonable objections from foreign Powers.

By clause 1 (sub-section b) any person who may have escaped from imprisonment for the most trivial offence is brought within the Act; but there are still stronger objections to sub-section c, which includes persons, whether British subjects or foreigners, who have duly served the sentence imposed under the authority of any foreign State. By section 3 two justices may not only expel persons coming within either of these classes from the Colony, but may also inflict a punishment of three years' imprisonment with hard labour. It seems difficult to understand what ground can be found for suggesting that the persons referred to in clause I, sub-section c, should be so punished. The framers of the bill appear to be seeking to prevent any person of any nation who has been convicted within three years of any offence, even for drunkenness, or has suffered imprisonment as an alternative punishment with the nonpayment of a fine, from entering the Colony.

Sections 4, 5, 6, and 8 are also of the most arbitrary character.

Section 7 throws a most difficult burthen on the masters of ships both British and foreign, for it makes them bear the responsibility of proving affirmatively their grievance (ignorance?) of the antecedents of the passenger on board their ship, and also presupposes their knowledge of the provisions of the Act, which, being most unreasonable, would not be likely to be within the general knowledge of any one a stranger to the Colony.

The master of a ship, acting most innocently, may under section 7 be imprisoned for three months, and the owners of vessels may thereby suffer great loss.

We think the provisions of the bill are so arbitrary and unjust that the objections to them should be communicated to the Governor of Queensland, with a clear intima- tion that Her Majesty's Government cannot approve them.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

We have, &c.,

(Signed)

HENRY JAMES.

FARRER HERSCHELL.

▲ 12910-941. 25.--12/84.

PUBLIC RECORD OFFICE

CO. 885

Reference :-

12 PUBLIC RECORD OFFICE, LONDON

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

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