CO129-180 - Public Offices & Others - 1877 — Page 65

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

60

from the Governor of Hong Kong No 216 of the 27th December 1876 transmitting a -Bill to amend the Law relating to piracy

4 A copy of this Bill

2.

That the Governor stated that

he had withdrawn the Bill in consequence of a successful objection made by the Chief Justice in the Legislative Council to its you and 3rd Clauses_ Those blauses were a transcript of the 2nd and 3rd sections of the Act 14 Vict. Cap. 88 and the chief Iustice objected that "their embodiment.

#

" in an Ordinance is beyond the powers

" of the local Legislature, they being " sections of Imperial Acts which hove " reference to brime without the "Jurisdiction of the Colony", and are as " such incapable of amendment by a

local Ordinance.

3. That Your Lordship proposed

to answer in respect to those two blauses, that if they had been passed into an Ordinance, the Supreme Court could only. have treated them as local enactments-- confined in their operation to offences committed. within the local limits of the jurisdiction of the Supreme Court; and as not affecting in

the corresponding sections of the Imperial : Act, or the effect of those sections

any way

• regard to offences committed within the jurisdiction of the Admiralty; and that it was unnecessary to withdraw the Bill on account of those blauses.

4: That Mr. Bramston was to inform us that the blauses of that Bill -numbered) 5. 4. 6 and of were identical with the sections numbered 3. 4. 5 and

le of

the Ordinance 1 of 1868 upon which the Law Officers reported on the

12th October 1868: that "they must be

construed

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