CO885-(11-13) — Page 709

11,024.

MY LORD,

No. 70.

(BRITISH GUIANA.)

LAW OFFICERS to COLONIAL OFFICE.

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

Royal Courts of Justice, June 24, 1886. letter of the 17th of April last, stating that he was directed by your Lordship to transmit to us the following documents.

1. The draft of an Ordinance which was proposed to be enacted by the Legislature of British Guiana to make further provision with regard to the extradition of fugitive criminals who escape from French Guiana.

2. The report of the Attorney-General of the Colony on the draft Ordinance.

3. A previous memorandum by Mr. Haynes Smith stating the reasons for special legislation on the subject.

That your Lordship desired to be informed whether, in our opinion, there was any objection to the enactment of the draft Ordinance, and whether the second section of the Ordinance might properly be extended to fugitive criminals from countries other than French Guiana.

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

Report

That the matter is not free from difficulty, but, having regard to the special circum- stances relating to the escape of fugitive criminals from French Guiana into British Guiana mentioned in Mr. Haynes Smith's memorandum, we think that the proposed draft Ordinance may properly be enacted. But we do not think that the provisions of the second section (which are of some stringency) could properly be extended to fugitive criminals from countries other than French Guiana with respect to whom those special circumstances do not exist.

We suggest that in clause 2 the stipendiary magistrate should be required to proceed on sworn information or evidence.

We draw your Lordship's particular attention to clause 5, which introduces a novelty into our law, as it is proposed to substitute official documentary evidence for sworn evidence of identity. Having regard, however, to the reasons for the enactment stated by Mr. Haynes Smith, we are not disposed to advise your Lordship to object to the enactment on this ground.

As it will be necessary to provide by Order in Council for carrying out the Ordinance after it has become law (see section 18 of the Extradition Act, 1870), section 9 of the draft Ordinance should be altered so as to make it come into force only after the Order in Council has been published in the "Official Gazette."

The Order in Council will have to be framed with some care so as to comply with the Act.

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

&c.

&c.

We have, &c., (Signed) C. RUSSELL.

HORACE DAVEY.

A

20491,35, 25.-7/06.

PUBLIC RECORD OFFICE

19

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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