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MY LORD,

No. 130.

(STRAITS SETTLEMENTS.)

LAW OFFICERS to COLONIAL OFFICE.

[Draft Fugitive Offenders Bill.]

Royal Courts of Justice,

4th March, 1910. We were honoured with your Lordship's commands, signified in Mr. Just's letter of the 21st September last, stating that he was directed by your Lordship to acknowledge the receipt of our report of the 9th August last upon the Bill which it was proposed to introduce in the Legislature of the Straits Settlements to amend the law relating to the surrender of the fugitive offenders of neighbouring countries. That in the fifth paragraph of that report we advised that, assuming that His Majesty had jurisdiction within the eight Protectorates with whom the Straits Settlements Government proposed to arrange for the reciprocal surrender of fugitive offenders, it would be competent for His Majesty, in the exercise of the power given by Section 36 of the Fugitive Offenders Act, to apply the provisions of that Act to each Protectorate as if such Protectorate were a British possession.

That Mr. Just was to state that the eight Protectorates were independent States under the protection of Great Britain; and that His Majesty had jurisdiction in none of them, with the possible exception of Brunei.

That in the case of that State it appeared to be arguable that His Majesty had the power to pass an Order in Council applying the Fugitive Offenders Act, but that for political reasons it was desirable that this power, if it existed, should not be exercised, since it was the policy of His Majesty's Government to deal with Brunei on the same lines as with the Federated Malay States, i.e., to leave the appear- ance of authority to the Sultan, the powers of government being exercised in his name by the British Resident. That in those circumstances your Lordship would be obliged if we would favour you with our further opinion as to what procedure could lawfully be adopted for the mutual inter-rendition of prisoners between the territories concerned.

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

Report

That as the countries in question are to be treated as independent Foreign States in which His Majesty has no jurisdiction, we think that in order to provide for the surrender of fugitive criminals between the Straits Settlements and each of those countries it will be necessary to adopt the procedure of the Extradition Act and to make an arrangement with each country, and afterwards by Order in Council to apply the Act in the case of each country, limiting the operation of the Order to the Straits Settlements.

Mutual surrender of fugitive criminals between each of the Protectorates can be provided for, as indicated in our former opinion, by legislation in each country in which there may be any authority having power to legislate extra-territorially.

The Right Honourable

The Earl of Crewe, K.G.,

&c..

&c..

&c.

• No. 122.

(15911-2) Wt 108-396. 26. 4/10. D & 8.

We have, &c.,

W. S. ROBSON. S. T. EVANS.

PUBLIC RECORD OFFICE

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C.O.8

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