CO129-162 - Sir Kennedy - 1873 [1-3] — Page 250

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

246

"found within the jurisdiction "of that Court; but that Court shall not have power to issue "any Warrant or Writ to be "executed or served within that "Peninsula"..

It would be satisfactory to obtain the Opinion of the Secretary of State as to whether the word 'offence' in that article, would extend to acts declared to be offences by the Colonial Legislature only as distinguished from offences against Imperial Acts which follow British Subjects wherever they may be...

It seems to me that, inasmuch as the Governor cannot make Laws affecting British Subjects in respect of Acts committed by them outside the jurisdiction (save under the Chinese Passengers' Act), the word 'offence' in that article of the Order in Council must be limited to offences against the Common Law or the Statute Law of England..

Before the passing of the Act in Council, the Supreme Court exercised jurisdiction over all British Subjects in China and Japan, but I apprehend that a British subject could not at that time have been punished ratione loci delicti" for an act committed in

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246 "found within the jurisdiction "of that Court; but that Court shall not have power to issue "any Warrant or Writ to be "executed or served within that "Peninsula".. It would be satisfactory to obtain the Opinion of the Secretary of State as to whether the word 'offence' in that article, would extend to acts declared to be offences by the Colonial Legislature only as distinguished from offences against Imperial Acts which follow British Subjects wherever they may be... It seems to me that, inasmuch as the Governor cannot make Laws affecting British Subjects in respect of Acts committed by them outside the jurisdiction (save under the Chinese Passengers' Act), the word 'offence' in that article of the Order in Council must be limited to offences against the Common Law or the Statute Law of England.. Before the passing of the Act in Council, the Supreme Court exercised jurisdiction over all British Subjects in China and Japan, but I apprehend that a British subject could not at that time have been punished ratione loci delicti" for an act committed in

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246 " found within the purisdiction "of that Court; but that Court shall not have power to ipue "any Warrant or Want to be "excented or served within that "Peninsula".. It would be satisfactory to obtain the Opinion of the Scenciam of State as to whether the word offence in that article, would estud to acts declared to be offences by the Blonial Legisiaiture only as distinguished from offences against duperial Rots which follow British Subjects wherever they may I be... seems to me that, inasmuch as the Soughing cannot make Laws affecting British Subjects in respect a of Acts committed by them one of the purisdiction (save under the Chinese Papengers' net), the word 'ffence in that article of the Order in Cormeil must be limited to offences againse the Common Law or the Statute how of England.. Before the feasing of the Aber in Conncil the Supreme Crist exercised Iurisdiction over all British Subjects in Chine and Japan but I apprehend that a British subject could not at that time have been punished ratione loci delicti" for au act, committed in

2026-05-21 01:10:14 · Baseline

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246

" found within the purisdiction "of that Court; but that Court shall not have power to ipue "any Warrant or Want to be "excented or served within that "Peninsula"..

It would be satisfactory to obtain the Opinion of the Scenciam of State as to whether the word offence in that article, would estud to acts declared to be offences by the Blonial Legisiaiture only as distinguished from offences against duperial Rots which follow British Subjects wherever they may

be...

seems to me that,

inasmuch as the Soughing

cannot make Laws

affecting British Subjects in respect

of Acts committed by them one of the purisdiction (save under the

Chinese Papengers' net), the word 'ffence in that article of the Order in Cormeil must be limited to offences againse the Common Law or the Statute how of England..

Before the feasing of the Aber in Conncil the Supreme Crist exercised Iurisdiction over all British Subjects in Chine and Japan but I apprehend that a British subject could not at that time have been punished ratione loci delicti" for

CO129-162 - Sir Kennedy - 1873 [1-3] — Page 250

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