pirate Chintão, noticed in my Despatch No: 31 of the 25th June, I have received the enclosed from the Surperial Commissioner Keying, in which he altogether evades the question of sending him back according to Express agreement, and observes that he will be executed with the other offenders. Though the ends of Justice will be equally answered, I cannot but look upon this as a breach of good faith, and shall be more cautious ever than hitherto as to the delivery of prisoners to the Authorities on the mainland.
An attempt has been made lately evidently for the express purpose of trying my firmness on this question of jurisdiction, and there is presumption that the accused person is perfectly innocent. An application was some time since made to Major Caine, the Chief Magistrate, by the Commandant at Kowloon to send over a principal inhabitant of one of our Houghing villages, to be tried on an accusation of Piracy. As there was no Evidence whatever against the man, Major Caine very properly refused to send him, after arrest and Examination referred the question to me.
I returned for answer that by the Treaty an accused person could be delivered up only on proof or admission of his guilt. This person moreover was not a refugee from the Chinese side, but an old inhabitant of Hongkong, and Constable of a village, under British appointment. He had lately received a sum of money in Compensation for land on which the cultivation of rice had been forbidden,
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Caine,