CO885-(11-13) — Page 677

11,077.

MY LORD,

No. 45.

(STRAITS SETTLEMENTS.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, June 23, 1885. We were honoured with your Lordship's commands, signified in Mr. Wingfield's letter of the 6th ultimo, stating that he was directed by your Lordship to lay before us the enclosed extract from a despatch from the Officer Administering the Govern- ment of the Straits Settlements, with a copy of a report of the Attorney General of the Colony on the subject of the extradition of fugitive offenders from the territory of the British North Borneo Company:

That Mr. Wingfield was at the same time to enclose copies of the charter of the British North Borneo Company, and of the Straits Settlements Extradition Orders in Council of 26th July 1879, 31st December 1883, and 29th November 1884; and to request us to be good enough to favour your Lordship whether we agreed with the opinion of the Attorney General of the Straits Settlements that fugitive offenders from the territory of the British North Borneo Company could be surrendered by the Governor of the Straits Settlements under those Orders in Council upon the applica- tion of the Company; and whether we would advise that the Fugitive Offenders Act, 1881, should be extended to British North Borneo :

That Mr. Wingfield was to add that no Order in Council had been made providing for the exercise of the Queen's jurisdiction in Borneo as contemplated by the 11th clause of the charter of the British North Borneo Company.

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

Report

That we think it open to grave doubt whether section 36 of the Fugitive Offenders Act could be made applicable in this case. It is true that Her Majesty might assume the exercise of jurisdiction in the territory of the British North Borneo Company, but we are disposed to think that the words “has jurisdiction," in section 36, do not apply where Her Majesty has the right only to assume such jurisdiction and is not in actual exercise of it. We are inclined to concur with the Attorney General of the Straits Settlements in thinking that fugitive offenders from the territory of the British North Borneo Company can be surrendered by the Governor of the Straits Settlements under the Orders in Council of 1879, 1883, and 1884. But as it would be unadvisable to treat the British North Borneo Company as falling within the designation of a “foreign State," we think the better course would be, by an Order in Council, expressly to extend the provisions of the Order of 1879 and the Amending Orders to British North Borneo, if the circumstances are such as to render it expedient that a power of extradition to that territory should exist.

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

&c.

&c.

&c.

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

FARRER HERSCHELL.

▲ 15997.-30. 35.—19/85.

PUBLIC RECORD OFFICE

ןזדווּ

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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

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