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depend upon the necessity to fulfil treaty obligations, or upon the ground that it is to the advantage of this country and the Colony that such exportation should be prohibited. Whether such an arrangement as that suggested would be, on the whole, for the advan- tage of the Colony, and in other respects is proper to be carried into effect, resolves itself into a question of expediency and policy upon which we do not offer an opinion; but we must point out that the effect of enforcing the prohibition will necessarily be injurious to Chinese interests, though beneficial to those of France.

We have, &c.

The Right Hon. the Earl Granville, K.G., &c.

&c.

&c.

(Signed)

HENRY JAMES. FARRER HERSCHELL. · J. PARKER DEANE.

No. 39.

(STRAITS SETTLEMENTS.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

WE are honoured with your Lordship's commands, signified in Mr. Wingfield's

Royal Courts of Justice, 7th March 1885. letter of the 10th ultimo, stating that he was directed by your Lordship to transmit to us a copy of a despatch from the Officer Administering the Government of the Straits Settlements, submitting for the approval of Her Majesty's Government the draft of an Ordinance providing for the detention in the gaols of the Colony of certain prisoners convicted in the courts of the Native States of the Malay Peninsula, which are under the protection of Great Britain.

That the protectorate conferred no sovereignty or jurisdiction upon Her Majesty in those States. That a copy of the Ordinance referred to in Mr. Smith's despatch, providing for the detention of political prisoners, was inclosed.

That our opinion was requested as to whether the the Legislature of the Straits Settlements was competent to enact such an Ordinance as was proposed by the Officer Administering the Government.

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

Report

That in our opinion the Legislature of the Straits Settlements is competent to enact such an Ordinance as is proposed, so far as it deals with the reception and detention, in the Straits Settlements, of the prisoners whom it is expedient to keep confined there.

It is not clear that the clause relating to the reception of prisoners is limited to their reception when they arrive within the Colonial territory, and the power conferred upon the Governor of remitting the whole or any part of the sentence appears to us open to much question, though probably the same result might be arrived at by enabling the Governor at any time to discharge the prisoner from custody.

The clause, too, relating to the return of a prisoner, appears to contemplate his being conveyed from the Straits Settlements to the Native State under a warrant by the Governor. Such a warrant could have no force outside the Colonial territory.

The above opinion is written upon the assumption that Her Majesty has no juris- diction to try prisoners in the Native States, and that, therefore, the provisions of the Foreign Jurisdiction Acts are not applicable to the case.

The Right Hon. the Earl of Derby, K.G.,

&c.

&c.

&c.

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

FARRER HERSCHELL.

A

16927.-20. 35.-12/85.

PUBLIC RECORD

OFFICE

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سلنا

C.O.885

Reference :-

13 PUBLIC RECORD OFFICE, LONDON

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