Separate Despatches
To go of 4 Aug 1875 and No 32.
No 102 of 13th Aug 1875. (There Papers Hong Kong) 70641
Despatch No 90 treats solely the Schedule of Extradition and this is the matter most difficult to adjust.
Under Article 21 of the Treaty the British boot "if Criminals subjects of China shall take refuge in Hongkong on board British Ships there, they upon due requisition by Chinese Authorities shall be searched for and Proof of their Guilt be delivered up".
The extreme generality of these words has given rise to much difficulty in practice.
Sir Henry Holland's Evidence on the subject given before the Select Committee will be found at p. 49-50, Questions 985-1000 of the Report sent herewith.
... copy of Counsel at Counsel's Opinion on the Progress of the case of Houstong & Kwok a sing, which is Marked pp. 5-6.
I have inked the red in the Views expressed by the Judicial Committee and the Crimes for which they should be surrendered under the Treaty of Extradition.
The Despatch transmits four Schedules of Extradition Crimes. The one prepared by the Attorney (see first Column) seems unobjectionable.
That suggested by Robertson is quite unobjectionable and pointed out in the Despatch.
With regard to the words of the Act (see within) Despatch No 102 & 13 Aug 1875, Section 16. I think the concluding words of subsection (1) give rise to the objection.
"Extradition ... should be defined in ..."
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