4. U. Addington
It seems & due & make it impolitic to delay any longer constituting as proposed a legislative authority in Hongkong, at least I apprehend that according to the law as declared in the Creole case when once it has become a British Colony the executive authorities will have no power of extradition for offences committed in China much less for offences committed on British territory.
Her Majesty in exercise of her prerogative and with such conditions as Parliament may enact has acquired to herself such validity. If such arrangement should not be made for the protection of the I.O. be written on this subject.
Feb. 1843.
94 B. Fathen
20 07 Lord Stanley -21 AP43.
I am directed by Lord Stanley to acknowledge the receipt of yours of the 10th Instant, enclosing extracts of a correspondence which had passed between Sir H. Pottinger and the Chinese Commissioners on the subject of the Jurisdiction to be exercised over the Chinese Residents.
Extracts of a despatch from Sir H. Pottinger on the same subject treat of that, to request and observe to Lord Aberdeen that the Chinese Commissioners have signified to Sir Henry Pottinger their willingness to agree that all Chinese people, whether permanent residents or sojourners, on the Island of Hong-Kong, when accused of crimes involving capital punishment, shall be handed over to the Chinese authorities for trial.
It is observed that the conception made by Sir H. Pottinger that a person committing a grave offence within the Queen's Dominions at Hong Kong shall be amenable to the Queen's Courts, but is to be delivered over to the Chinese for trial. Suppose the case of an Englishman murdered by a Chinese, it is felt that the author of such a crime should be amenable to the Queen's Courts. Suppose justice is to be administered, and how is the Chinese Court to be satisfied? How is the Public mind to be satisfied? Suppose an action is brought under our law, much doubt collectively arises as to whether they should answer to them all. Many other difficulties might be raised. Perhaps the penalty? Many difficulties arise.
It is felt that this question of jurisdiction could seem to demand careful consideration of the peculiar circumstances which have been made by Sir H. Pottinger. The existence of such an arrangement as to the difficulties which may result is unavoidable under the advice of counsel.
I quite agree with Sir H. Stephen in the cases