given to the Portuguese Consul and
the case
with under the Chinese claim Mr
having been proved -
May reported on the 10th February that
the evidence was insufficient to
warrant a committal for trial
even had the alleged crime been committed
in the Colony.
10.
11.
"The depositions having been submitted to the Attorney General that officer quite concurred in the view taken by Mr May.
On the 12th February the Portuguese Consul in reply to the notice alluded to in paragraph 9 hereof made application for the rendition of the prisoner to the Portuguese Government, and there the matter now rests.
If this Government is prepared to deliver the man in case the evidence should prove sufficient, witnesses must be called for. On the other hand if the man cannot be delivered in consequence of the absence of an Extradition Treaty I presume that he must be deported as a dangerous person, the claims both of the Chinese and Portuguese Governments being inadmissible.
Jordivial
(signed) I Gardiner Austin,
Colonial Secretary. 15th February 1877.
(True copy)
Acting Colonial Secretary.