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and evidence in judicial enquiries should be dispensed with:
I regret that I cannot
6.
concur in these recommendations
In Brookie Robertson, and for the following
Reasons:
1st. Because it seems to be a
principle of Extradition Law that
no State should be asked to
surrender a person for an offence
which would not be a crime
if you committed within its jurisdiction.
2nd Because rendition should not
be granted for trifling Offences.
3rd Because in Section 26 of the
Extradition Act of 1870 and 1873, "Extradition Crime" is defined to
mean a crime which, if committed in
England or within English Jurisdiction, would be
a crime described in the First
Schedule of the Extradition Act of 1870.
4th Because it is not expedient that
such offences as removal of land-marks, illegal dealing of Salt, taking illegal possession of lands, and assaults should be embraced in a Schedule of Extradition Crimes.
5th Because, as I find on perusal of Your Lordship's observations, it has not been the practice of the
Chinese Government to demand
the surrender of Criminals save
for crimes of a very grave
nature; allowing "General Crimes and
offences" ought to be confined to
ordinary Crimes and
offences which are
punishable "by the laws of all nations and which are not peculiar to the laws of Christian countries."
$20 Pwn C. 18-