CO129-515-9 Accessories and Abettors Ordinance 1929 20-2-1929 - 26-9-1929 — Page 13

ATIONAL

SCHE

ME

628065

HOME OFFICE,

WHITEHALL. 13

PISABLED

MEN

Any communication on the subject of this letter should be addressed to-

THE UNDER SECRETARY OF STATE,

HOME OFFICE,

LONDON, S.W. 1,

and the following number quoted :-

534024.

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6th April, 1929.

52945/28

Sir,

In reply to your letter of the 2nd February last 52945/28), I am directed by Secretary Sir William Joynson-

Hicks to point out, as Mr. Secretary amery is aware, that the general principle of the jurisdiction of British Courts in criminal cases is based upon the theory of territoriality.

Such Courts are not authorised to entertain proceedings in respect of crimes committed abroad and it would therefore appear anomalous that persons who are only accessories to such

Sir William Joynson- crimes should be amenable to such Courts. Hicks is of opinion that the general principle should ordinarily

be maintained.

On the other hand, it appears that very special circumstances exist at Hong Kong arising out of the present condition of China, and Sir William Joynson-Hicks would suggest that the provisions of the draft Ordinance, in regard to which doubt arises, might be approved provided that they are in some way limited to accessories in Hong Kong to persons committing

He would also acts in China or in the neighbouring territory.

in

suggest the insertion of a proviso that the act committed China or in the neighbouring territory must be a crime according to the law of the place in which it was committed as well as a felony in Hong Kong (had it been committed there), since it would, in the opinion of Sir William Joynson-Hicks be very

The Under Secretary of State,

COLONIAL OFFICE.