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parallel lines with the provisions of the Colonial Laws Validity Act relating to laws made for Colonies either by

the local Legislature or by Order in Council.

(4) Assuming then that lagna Carta is an Act of

Parliament within the meaning of the Colonial Laws Validity Act it is contended that the "nullus liber homo"

clause does not extend to Hong Kong either by express

words or by necessary intendment. The phraseology all has reference to England and "nglish institutions,e.g. dissaisiatur, utlagetur exuletur,legem terrae; and the Realm temp. John included no Colonial possessions beyond

the Seas,

(5) The case of the Habeas Corpus Aats is more

difficult, since the Act of 1862 provides that no writ of Habeas Corpus shall issue out of England by authority of any Judge or Court of Justice therein, into any Colony

or foreign Dominion of the Crown, where His Kajesty has

a lawfully established Court or Courts of Justice having

authority to grant and issue the writ and to ensure the due execution thereof throughout such Colony or

Dominion.

It may perhaps be argued from this fot that

が

the Habeas Corpus Aot,1679, and subsequent Acté "extend" to the Colonies, but they do not do so by express words and the question is whether in view of the Act of 1862

It they can be said to do so by necessary intendment.

is submitted that the Act of 1862 does no more than to

provide that no writ of Habeas Corpus shall issue out of England where the writ has legal existence in a Colony

and can be issued and executed there.

This construction

involves the argument that the Habeas Corpus Acts are substantiallyrachinery for giving better effect to the

common law remedy of Habeas Corpus and that the Act of 1862 extends only to Colonies where the ancient common

law writ of Habeas Corpus exists.

(6) It then becomes necessary to consider

the position of Hong Kong as regards the common law of

England. The English common law runa proprio vigore in all settled Colonies but not in Colonies acquired by conquest or cession. In many conquered Colonies however the Tnglish common law has been introduced either directly by the Crown in virtue of its right as the conqueror - this was done by koyal Proclamation

or after a in the case of Grenada and St. Vincent local Legislature had been established by the Crown

e.g. then by enactment passed by that Legislature

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the case of Trinidad, In some conquered Colonies the English common law was not introduced at all and

the old local common law was preserved, either because this was provided for in the terms of the capitulation or else on grounds of public policy e.. the Roman Dutch Law Colonies such as British Guiana, the Cape

and Ceylon.

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X v. prior to the

Aut

Coded Colonies (of which Hong Kong is an example) are in the same position in this respect as conquered Colonies, an by local Ordinances (the first of which dates back to 1845) the Hong Kong Legislature has introduced into Hong Kong the law of England as it existed on the th of April1843, provision now in forge will be found in section 5 of

The

the Supreme Court Ordinance,1873, as printed in the

Home Komme

United Kingdom Revised Laws of 1913.

(7)

Accordingly whilst admitting that the

law

common