CO885-(13-15) — Page 344

2

We have taken the matter into our consideration, and, in obedience to Lordship's commands, have the honour to

Report-

19780.

your

1. That we agree, in substance, with the reports of our predecessors of the 3rd and 14th of March 1888; but, as regards the suggestion that facilities should be given for the arrest of foreigners within the Protectorate, we would observe that this course would in effect involve an assumption of territorial sovereignty.

2. We think any effective extradition arrangement would require the concurrence of all the Powers whose subjects are to be affected by it. In our opinion the desired object cannot be attained by Order in Council under the Foreign Jurisdiction Act, 1890.

3. We think the High Commissioner has not the power suggested.

In our opinion the only effective course to pursue is that indicated in the second paragraph of this report.

The Most Hon.

The Marquess of Ripon, K.G.,

&c. &c.

&c.

We have, &c. (Signed)

C. RUSSELL.

JOHN RIGBY.

MY LORD,

1

No. 47.

(MALTA.)

LAW OFFICERS to COLONIAL OFFICE.

Law Officers' Department,

Royal Courts of Justice,

November 22, 1893.

We were honoured with your Lordship's commands signified in Mr. Edward Wingfield's letter of the 13th ultimo, stating that a question had arisen as to the construction to be placed upon Clause II. of the Letters Patent of the 12th December 1887, altering the constitution of the Council of Government of Malta, and providing for the constitution of an Executive Council, and upon Clause II. of the Letters Patent of the 19th August 1891, amending the Letters Patent of 12th December 1887.

That it was held by the Crown Advocate of Malta, whose opinion on the subject was enclosed, that under those clauses whenever the Chief Secretary or Crown Advocate (both being ex officio members of the Legislative and Executive Council) was absent on leave, the person appointed to act as Chief Secretary or Crown Advocate was, for the time being, ex officio, a member of the Council of Government and of the Executive Council.

That your Lordship was advised, however, that the phrases the Chief Secretary for the time being" and "the Crown Advocate for the time being," as used in those Letters Patent, referred to the holders of those offices only, and not to persons temporarily discharging the duties of the offices in the absence of the holders.

That that construction appeared to be supported by a comparison of the wording of the clauses in question with that generally employed in instruments declaring the constitution of Executive and Legislative Councils in other Colonies in which en officio members were described as "the persons for the time being lawfully discharging the duties of" the specified offices.

That it would also be observed that in Clause IV. of the Letters Patent of the 11th of May 1849, which were repealed by the Letters Patent of the 12th of December 1887, and in the Royal Instructions of the same date, referred to by the Crown Advocate, both the holders for the time being of certain offices and the persons discharging the duties of those offices were separately mentioned.

That it further appeared to your Lordship that that interpretation of Clause IV. of the Letters Patent of the 12th of December 1887 was supported by the fact that Clause VI. specially provided for the appointment of a substitute for " member" of the Council of Government who was absent from the Colony.

any official That your Lordship desired to be favoured with our opinion whether a person appointed to act temporarily as Chief Secretary or as Crown Advocate of Malta in the absence of the titular officer, became ex officio a member-

(1) of the Executive Council, and

(2) of the Council of Government.

We have taken the matter into our consideration, and, in obedience to your Lord- ship's commands, have the honour to

Report-

That we are of opinion that a person appointed to act temporarily as Chief Secretary

or as Crown Advocate of Malta, in the absence of the titular officer, does not become

ex officio a member-

of the Executive Council, and (or)

of the Council of Government;

and this for the reasons set forth in Mr. Wingfield's letter of instructions of the 13th October 1893.

The Most Hon.

The Marquess of Ripon, K.G.,

We have, &c. (Signed)

C. RUSSELL. JOHN RIGBY,

&c.

&c.

&c.

074772.-32. 25,--13/93.

PUBLIC RECORD OFFICE

TPI

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Reference:→→

C.O.885

14 PUBLIC RECORD OFFICE, LONDON

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

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