CO129-100 - Sir Robinson - 1864 [9] — Page 218

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

210

When the matter was reported to the Secretary of State, the Duke of Newcastle directed Duke of Newcastle to inform the local Ordinances to Mr. Mercer 10108 of 16th August, 1863... that if existing Ordinances should be insufficient, others should be framed which would prevent unauthorized supplies being taken from Hong Kong to belligerent vessels anchored in the position occupied by the "Wyoming" in April 1863 - i.e. in waters without the limits of the jurisdiction of the Colonial Government.

It was never intended thereby to create an offence which should not be commenced, continued, and completed within the Colony, but only to render amenable to its provisions persons in the Colony furnishing or aiding in furnishing belligerent vessels with prohibited supplies.

The framer of the Ordinance was alive to the legal difficulties with which his task was surrounded, and his object was to give effect to the Duke of Newcastle's instruction in the only manner in which he considered it could legally be carried out, namely, by creating offences which should be complete within the jurisdiction.

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210 When the matter was reported to the Secretary of State, the Duke of Newcastle directed Duke of Newcastle to inform the local Ordinances to Mr. Mercer 10108 of 16th August, 1863... that if existing Ordinances should be insufficient, others should be framed which would prevent unauthorized supplies being taken from Hong Kong to belligerent vessels anchored in the position occupied by the "Wyoming" in April 1863 - i.e. in waters without the limits of the jurisdiction of the Colonial Government. It was never intended thereby to create an offence which should not be commenced, continued, and completed within the Colony, but only to render amenable to its provisions persons in the Colony furnishing or aiding in furnishing belligerent vessels with prohibited supplies. The framer of the Ordinance was alive to the legal difficulties with which his task was surrounded, and his object was to give effect to the Duke of Newcastle's instruction in the only manner in which he considered it could legally be carried out, namely, by creating offences which should be complete within the jurisdiction.
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210 When the matter was reported to the Secretary of State, the Duke of Newcastle directed Duke of Newreath the local Ordinances to M! Mercu 10108 of 169 August, 1863... that it existing should be insufficient, others should be framed which would prevent unauthorized supplies being taken from Houghing to Belligerent bessels anchored in the position occupied by the "Wyoming" in April 1883- ie. in waters without the limits puisdiction was of the Colonial It was The Ordinance in question accordingly passed never intended therely to create Offence which should not an be commenced, continued, and completed within the Colony, but only to render amenable to its provisions persons in the Colorry furnishing or aiding in furnishing belligerent vessels with prohibited supplies. pamer of the Ordinance was alive to the legal difficulties with which his task was and his object to the Duke of The fully surrounded, was sum was to give effect Newcastle's instruction in the only manner in which be considered it could legally be carried out, namely, by creating offences which should be complete within the Jurisdiction Di
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210

When the matter was reported to the Secretary of State,

the Duke of Newcastle directed Duke of Newreath

the

local Ordinances

to M! Mercu 10108 of

169 August, 1863...

that it existing should be insufficient, others should be framed which would prevent unauthorized supplies being taken from Houghing to Belligerent bessels anchored in the position occupied by the "Wyoming" in April 1883- ie. in waters without

the limits

puisdiction

was

of

the Colonial

It was

The Ordinance in question accordingly passed never intended therely to create Offence which should not

an

be commenced, continued, and completed within the Colony, but only to render amenable to its provisions persons in the Colorry furnishing or aiding in furnishing belligerent vessels with prohibited supplies. pamer of the Ordinance was alive to the legal difficulties with which his task was

and his object

to the Duke

of

The

fully

surrounded,

was sum

was

to

give effect

Newcastle's

instruction in the only

manner

in which be considered it could

legally be carried out, namely, by creating offences which should be complete within the Jurisdiction

Di

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