CO885-(13-15) — Page 165

13,486.

No. 183.

(WESTERN PACIFIC.)

།།། །།

PUBLIC RECORD OFFICE

Reference :-

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

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

Royal Courts of Justice, July 11, 1890. letter of the 19th ultimo, stating that he was directed by your Lordship to transmit No. 8, 11th to us a copy of a despatch from the High Commissioner for the Western Pacific, with March 1890.

its enclosures, respecting the punishment inflicted upon natives of the Pacific for outrages against British subjects.

That we should observe that Sir J. Thurston suggested the enactment of a local law in Fiji authorising the detention in Fiji of natives brought within the jurisdiction of the Colony, who had been proved guilty of violence against British subjects.

*

That the Law Officers in 1879 in their letter of the 20th March, of which a copy Law Officers. was enclosed, reported that they did not think that Her Majesty could assume a 20th March jurisdiction over foreigners not within any part of Her Majesty's dominions. That 1879. your Lordship, while accepting that opinion, would, however, suggest with 'reference to the concluding words of that report, that it might be still open to consideration whether offending natives made captives by one of Her Majesty's ships and conveyed to Fiji, `might not be regarded as prisoners of war, and their detention on British soil legalised by an ordinance of the Colony.

That Mr. Bramston was to request that your Lordship might be favoured with our opinion as to whether the High Commissioner's suggestion could be followed. We have taken the matter into our consideration and have the honour to-

Report

That we are clearly of opinion that it would be improper by any enactment to attempt to justify, as a matter of criminal procedure, the detention in Fiji of natives of countries not being British possessions, who had been proved guilty of violence against British subjects.

We entirely agree with the report of the Law Officers of the 20th March 1879.* As regards the suggestion that offending natives captured by Her Majesty's ships should be detained as prisoners of war, we are of opinion that such a course should only be adopted under very special circumstances, and where such detention is considered imperatively necessary, in order to prevent further unlawful and hostile As a rule such detention should be on board the capturing vessel, but if on shore

ucts.

a local ordinance should be passed authorising the detention.

The Right Hon. Lord Knutsford,

&c.

&c.

&c.

We have, &c., (Signed)

RICHARD E. WEBSTER. EDWARD CLARKE,

a

61207.-17. 25.-7/90.

* No. 176 in Vol. III. of Law Offices' Opinions.

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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