offenders, but would inflict capital punishment without reference to
considerations which, according to
British Law, would mitigate the punishment of the offence. But if Her Majesty's Government rest their
claim to the exemption of British subjects from the criminal
jurisdiction of the Chinese
Government on such grounds, it would be difficult to resist the claim
of the Chinese Government to a similar exemption
of their subjects from
British
jurisdiction of the British
Courts. The Chinese Government could
hardly be expected to place greater
reliance on
British Courts or on British
Law, than the British Government
is willing to place on Chinese Courts
or on Chinese Law. If therefore
Her Majesty's Government insist upon
the exemption of British subjects
residing
in the dominions of the Emperor of China from Chinese
jurisdiction in criminal matters,
there appears no alternative but to
grant similar exemption to Chinese
Subjects