INTERNATIONAL LAW IN FIJI.

South Canterbury Times, Issue 2810, 27 March 1882, Page 3

INTERNATIONAL LAW IN FIJI.

An important point of international law has been recently , decided by the Supreme Court of Fiji. The question was—Can a British subject become naturalised in Samoa and thus place himself beyond the jurisdiction of the Commissioners for the Western Pacific P It will be remembered that W. J. Hunt, of Samoan notority, disobeyed the mandate of High Commissioner Sir A. H. Gordon, prohibiting him from residing within the group, for which ooncontempt the Deputy . Commissioner sentenced him to three months imprison* ment, or Until an opportunity afforded for sending him to Levuka. Against this , decision Mr Hunt appealed. •The “Argus," reviewing the decision, says that “ Important questions affecting the administration of justice under the Western pacific Order in Council were raised by the appellant, who contested 1 the right .of the High Com* missioner to prohibit him from residing oh the Navigators’lslands, on the ground that he, having become naturalised as a Samoan, bad, in consequence, ceased to be within the scope of his jurisdiction, It was admitted that when the original Order in Council wasissued the Navigators’ Group was, without qualification • included amongst the islands over which the Court was to exerciee jurisdiction ; but it was contended that entering into treaty arrangements with King Malietoa, Great . Britain had recognised Samoa as a state to which British subjects might transfer their allegiance. This point was not dismissed by Chief Justice Gorrie without careful examination. The treaty alluded to distinctly recognised the jurisdiction of the High Commissioner’s Court over British subjects in Samoa, and this alone might be taken as a strong indication that the appellant, could not transfer his allegiance. The learned judge pointed out that the rules of international law which areapplicable tothe establishedand recognised Power of the world cannot be applied to communities of men in the South seas which are not and cannot be recognised as States.” The Chief Justice of Fiji held that Hunt, though be bad gone through some form of allegiance, could not be regarded as a Samoan, as there was no law in Samoa authorising the naturalisation of foreigners, and as a question of fact, the alleged acceptance by Malietoa I. of Hunt as a Samoan,' bad been undone by Malietoa 11., who will have none of him. The appeal was therefore dismissed. The judgment affirms in effect that in Samoa British subjects cannot escape the responsibility of their acts.