CO129-515-9 Accessories and Abettors Ordinance 1929 20-2-1929 - 26-9-1929 — Page 15

R

In any further communication on this subject, please quote

No. 649/649/10

and address-

not to any person by name,

but to-

"The Under-Secretary of State,”

Foreign Office,

Son

London, S.W.1.

Sir,

52945/28

4

21 FEB 1929

COL. OFFICE

FOREIGN OFFICE,

S.W.1.

20th February, 1929.

With reference to Colonial Office letter No.52945/28

of the 2nd instant on the subject of the draft Ordinance to

consolidate and amend the laws relating to accessories to

and abettors of indictable offences, I am directed by

Secretary Sir Austen Chamberlain to state that the principle

of International Law involved in this connexion is that a

State can only exercise criminal jurisdiction over foreigners

in respect of crimes committed on its territories.

2.

Sir Austen Chamberlain does not think that paragraphs

4, 7, 9 and 11 of the draft Ordinance violate this principle

because it appears that in every case before a person

could be convicted under these paragraphs, such person must

have done in Hong Kong some act which the draft Ordinance

makes a criminal act in Hong Kong, and a State may in the

exercise of its sovereign right prescribe what acts committed

in its territory shall be criminal.

3.

Sir Austen Chamberlain therefore sees no objection to

the approval of the introduction of the draft Ordinance.

The Under-Secretary of State,

Colonial Office.

I am,

Sir,

Your obedient Servant,

George Mounsey.