CO885-(15-16) — Page 119

22435.

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SIR,

PUBLIC RECORD OFFICE

། ། ། ། །

6

Reference -

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

No. 87.

(WEST AFRICA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, June 29, 1901.

1

Office to

Foreign

We were honoured with your commands, signified to us in the letter of Mr. Antrobus, of the 15th instant, stating that he was directed by you to inform us that certain questions had arisen with reference to the surrender from British Protectorates of fugitive criminals from Foreign Protectorates, and that he was to transmit to us for our consideration a correspondence which had passed between the Colonial Office and the Colonial Foreign Office on the question.

That it would be observed that it had been suggested that the local authorities of the ome British Protectorates in West Africa should be empowered to conclude agreements with the 6 April, 1901. adjoining Colonies or Protectorates of France and Germany for the mutual surrender of Office to such persons as came under their respective jurisdictions, such agreements being drawn up, as far possible, on the lines of the Extradition Treaties already existing between the 30 April. United Kingdom and France or Germany.

Foreign

Colonial Office,

Colonial Office to

Office 30 May.

That you were advised that the Extradition Acts did not apply to British Foreign Protectorates inasmuch as their operation appeared to be confined to His Majesty's Dominions. That it would therefore be necessary to provide by legislation in the British Protectorates concerned for giving powers to arrest and hand over offenders from French or German Colonies or l'rotectorates.

29/4/79.

L.O. to C.O.,

That Mr. Antrobus was to enclose copies of Reports received from the Law Officers L.. to F.O., of the Crown with reference to this matter, and it would be observed that on the L.0. to 0.0.,

20/5/81. 21st of November, 1893, our predecessors, Sir Charles Russell and Sir John Rigby, L.O. to C.O., reported that it would not be possible by Order in Council under the Foreign Jurisdiction 11/7/61. Act to make Extradition arrangements between the Territory within the field of operation 21/11/83. of the British South Africa Company and the Orange Free State, and the South African Lo. to F.O., Republic, and that it would seem to follow from this opinion that it would be equally Lo. to F.O., impossible to give the administrative powers required, inasmuch as the authority to 14/

L.O. to F.O., legislate in British Protectorates was given by Order in Council passed under the 1993. provisions of the Foreign Jurisdiction Act.

3,3/88.

L.O. to 0.0,

21/11/93.

18/4.04.

L.O. to C.O..

That Mr. Antrobus was, however, to point out that in their Report of the Lo. to C.O. 18th April, 1894, the Law Officers, Sir Charles Russell and Sir John Rigby, reported to co that it was competent to the High Commissioner by virtue of his Commission to enter 24894. into Extradition arrangements with the South African Republic, the Orange Free State 12'8.96. and the authorities of the Portuguese Possessions in South Africa, and that, if such 1.0.10 CO., arrangements were made, legislation should be provided by Proclamation inasmuch as the Order in Council of the 9th May, 1891, a copy of which was enclosed, had committed to the High Commissioner for South Africa the exercise on behalf of Her late Majesty of Order in Council, all Her jurisdiction, including that under the Foreign Jurisdiction Act, 1890.

9/2,97,

1891.

That it would be observed that the powers given to the High Commissioner by that May, Order in Council were conferred under the provisions of the Foreign Jurisdiction Act. Order in That Mr. Antrobus was also to call our attention to the fact that by the Cyprus Council, Extradition Order in Council, dated the 15th of July, 1881, a draft of which was 30 July, approved by the Law Officers on the 20th of May, 1881, power was given in pursuance of the provisions of the Foreign Jurisdiction Act to hand over persons who had been accused or convicted of offences committed in foreign countries to the respective Govern- ments of those countries.

That Mr. Antrobus was to request us to take these matters into our consideration and to advise you :-

1. Whether, in the event of agreements being made between the authorities of British and Foreign Protectorates for the mutual surrender of fugitive criminals, it would

Nos. 200, 255, 259 and 302 in Vol. III.; 112A and 114A in Vol. IV. ; 29A, 46, 59, 74, 115 and 126

in Vol. V.

94.35-23-71901 Wt 332 D & S 5

· 1891.

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