CO885-(11-13) — Page 652

20,057.

No. 27.

(GIBRALTAR.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

We are honoured with your Lordship's commands, signified in Sir J. Pauncefote's

Royal Courts of Justice, 12th November 1884. letter of the 4th instant, stating that he had the honour to transmit to us a letter which had been received from Her Majesty's Secretary of State for the Colonies enclosing copy of a despatch from the Governor of Gibraltar, reporting the capture of certain Spaniards on the north front of that fortress.

That it appeared that those Spaniards were arrested while endeavouring to smuggle tobacco in(to) Spain, and were subsequently handed over by the Governor to the Spanish authorities; the tobacco, amounting to about three tons, which was found in the neighbourhood, being confiscated.

That the attempt to smuggle the tobacco into Spain was no offence against British law, and the Governor admitted that the offenders were only liable to a fine for being within the garrison without a permit, but they had committed an offence against Spanish law.

That your Lordship entertained some doubt as to whether the Governor was justified in handing over the offenders to the Spanish authorities and in confiscating the tobacco.

the

That Sir J. Pauncefote was to request our opinion as to whether we concurred in

proposed approval of the Governor of Gibraltar in that matter.

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

Report

That we do not think the action of the Governor should be approved of. There does not appear to be any warrant in point of law either for the handing over the persons implicated to the Spanish authorities or for confiscating the tobacco.

We think that Spanish subjects within British territory at Gibraltar should only be handed over to the Spanish authorities under and in conformity with the requirements of the Extradition Treaty.

At the same time we feel that the use of Gibraltar for smuggling purposes by Spanish subjects is likely to give rise, as it has done in the past, to natural irritation on the part of the Spanish Government.

We are not aware whether any legal power now exists in the British authorities to deal with persons thus abusing British territory.

If not, we would submit for consideration whether it might not be well to make provision that Spaniards so offending should be expelled from British territory and subjected to penalties in case they return without permission; and that tobacco or other articles found, as in the present instance, in the course of being smuggled should be confiscated.

The Earl Granville, K.G.

We have, &c., (Signed)

HENRY JAMES. FARRER HERSCHELL.

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35

J. PARKER DEANE.

▲ 15927.-15. 35,-12/85,

PUBLIC RECORD OFFICE

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C.O.885

Reference :-

13 PUBLIC RECORD OFFICE, LONDON

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