in
very
rare cases where offenders are caught red-handed
in the commission of atrocious Crime against the
Sovereign or in Ample Power & in active rebellion.
Under these circumstances it is evident that there is
one danger on the one hand & another; & between the two.
The Lords of the Admiralty & Governor of Hong Kong suggest
nothing short of a total & radical change in
the Criminal Code & practice of the Chinese Empire.
Their Lordships still see visions of slow death & torture, & would interdict all coercive
means of extorting evidence during the trial,
whether the criminal or witnesses are examined.
To be assured that both these ends are attained,
they suggest the presence of a British Agent both at the trial & the Execution.
I think it can hardly be necessary to enter into detail
in order to demonstrate to Y.L. how entirely impracticable such a scheme is.
A system of supervision & control must be avowedly to control
the administration of justice according to Chinese Law by Chinese Authorities.
This would be resented as an intolerable indignity & unwarranted interference
with their independent Sovereignty. No proposition of this nature therefore has a chance
of being listened to. They would at once refuse, but with anger & scorn.
The conditions they would not of their seeking & they would not receive them.
They would leave us to deal with Pirates & all other Chinese Criminals as we pleased.
I have not therefore proposed any further interference with their judicial administration,
which undoubtedly carries with it a liability to various methods,
strictly laid down by law, of questioning prisoners & witnesses,
torture being resorted to in every case where a confession is not made.
To call upon them to suspend or violate this part of their law would be equivalent
to a foreign Power insisting that we should dispense with all Evidence on oath,
our oath being our guarantee for truth; - that is, our oath that is, our warrant
torture is now as it was formerly.
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