CO885-(15-16) — Page 671

PUBLIC RECORD OFFICE

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C.O.885

Reference :-

16 PUBLIC RECORD OFFICE, LONDON

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

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14th, but the Company naturally rely upon this, and we think they might be assured that, if the question as now forinulated is referred to the Judicial Committee forth- with, the Crown at the preliminary hearing will be willing to join the Company in suggesting that those who resist the Company's claims should begin. The Committee will, we imagine, direct what particulars should be exchanged, and the Company would, therefore, have the opportunity of applying for fuller information, just as, of course, those who oppose the Company would request to be supplied with particu- lars of the title relied on.

JOHN A. SIMON.

Law Officers' Department,

26 June, 1914.

(Received in 0. 0. 20th Jane.)

"

STANLEY O. BUCKMASTER.

4732

No. 175.

(STRAITS SETTLEMENTS.)

COLONIAL OFFICE to LAW OFFICERS.

[Mutual surrender of fugitive criminals between the Straits Settlements and the neighbouring Protected States, and between the Protected States themselves.]

GENTLEMEN,

Downing Street, 25th March, 1914.

I AM directed by Mr. Secretary Harcourt to inform you that, since the receipt of the Report of your predecessors in office, dated the 12th of April, 1911,* he has been in further communication with the Governor of the Straits Settlements, who is also High Commissioner of the Malay States, on the question of the mutual surrender of fugitive criminals between the Colony and the neighbouring Protected States and between the Protected States themselves.

2. I am to enclose, for your consideration, a copy of the Agreement which has been entered into by each of the rulers of the Federated Malay States in accordance with the procedure advised in the above-mentioned Report of April 12th, 1911,* and two printed copies of a draft Enactment of the Federated Malay States drawn up with the same intention. Copies of the local enactments referred to in the said draft Enactment are also enclosed.

3. You will observe that one of the copies of the draft Enactment above referred to has been considerably amended in red ink, and I am to explain that Mr. Harcourt is advised that the Enactment as originally submitted to him (in the form of the printed copy) is unnecessarily full, since it covers much ground which is already sufficiently covered by the Imperial Act and does not require any supple- mentary local legislation. The draft enactment has been amended in red ink in accordance with this view.

4. I am also to enclose, for your consideration, a draft Order in Council designed to carry out the procedure advised in the Report of April 12th, 1911,* and to call your attention especially to the wording of the first paragraph thereof, which recites Section 36 of the Act of 1881 with the amendment which will be made in accordance with the recommendation in the above-mentioned Report.

5. With regard to Federated Malay States Enactment 11 of 1912, it may be briefly explained that as it provided, in effect, for the application only of Part II of the Fugitive Offenders Act to the Federated Malay States, Mr. Harcourt con- sidered it desirable that it should be repealed and re-enacted with the additions necessary to supplement Parts I, III and IV of the Act, in order that the Federated Malay States should get the benefit not only of the "group" provisions of Part II, but also of the wider provisions of Part I, so as to bring the Federated Malay States into the general" fugitive offender" system in force throughout the Empire. This is the object of the draft Enactment now submitted to you.

6. It is proposed that the draft Agreement and the draft Enactment above referred to should be used as models for the Agreements and Enactments which the rulers of the other Protected States who are to be parties to the scheme will he invited to make, and I am to request you to take into your consideration the draft Order in Council, the draft Agreement, and the draft Enactment (as amended in red ink) and to advise Mr. Harcourt whether these drafts properly carry out the pro- cedure advised in the Report of April 12th, 1911,* and, if not, what alterations should be made in them to ensure that they shall carry out that purpose.

I am, &c.,

H. J. READ,

for the Under-Secretary of State.

25907

REPORT.

In our opinion the draft Order in Council and the draft Agreement,† as respectively initialled by us, are proper for the purposes intended.

* No. 138 in Vol. VII of Law Officers' Opinions.

(1912-2) WL. 124-872. 25. 3,15. D&S. G. 1.

Returned without alteration.