and punishment, to be delivered over to the Chinese Authorities. In the present case, the previous examination of the parties ended without obtaining "proof or admission of their guilt", and consequently "the question of delivering them over to the Chinese authorities" although mooted by the British chief magistrate was set aside by Sir Henry Pottinger as well from the insufficiency of testimony, as from the tacit abandonment, as Sir Henry Pottinger alleges by the Chinese Government, of any claim to Jurisdiction in such a case.
But whatever may be the actual state of things in this respect, it is desirable that Her Majesty's Government should clearly understand the position of this question of Jurisdiction over the Chinese subjects of Hong Kong; and therefore I should wish you to enquire and report what may have passed between Sir Henry Pottinger and the Chinese Plenipotentiary in this matter, subsequently to the date of his despatch No. 92, and on what is founded the statement in his despatch to Lord Stanley that the Chinese Government have tacitly waived the claim to such Jurisdiction.
You will readily understand that although Her Majesty's Government wish to know the real state of the case, they have no desire that you should provoke a discussion on the subject with the Chinese Government. Doubtless it would be more convenient that