machinery
of
the
mixed
Court at Shanghae.
torture
not
only
used
as
the punishment
of
criminals but is employed
in extorting confessions from prisoners,
The Committee submit for Benson Maxwell's
in
the confident
Lordship
humanity which has
characterised
your
with that humanity
your
Lordship's administration
of Foreign Affairs you will
relieve
the
British Government from lending
countenance either directly
or
indirectly to
the
practice of
torture
in
China.
I have &c.
W. Chesson.
255
Memorandum by Sir J. Benson Maxwell
There
are
two subjects connected
with
our
administration
of justice
in relation to Chinese
subjects which
need
reform, for
both
cases
are
implicated in the practice of torture. In 1858 England
engaged
by the treaty
of Tientoin, to give up
to the
Chinese
Government any
of its subjects who
were
charged with
any
crime
or
offence against the
law of China"
Parliament
sanctioned
this treaty by conferring powers requisite
on
the
Executive
to
carry
into effect; but
those powers
were
given
to
the
local executive
of Hong Kong, the only part of
the British
dominions where, practically, they are
needed
by the Legislative Council of that Colony.
probably not known, or not borne
in mind, the Chinese tribunals practise torture.
when
this
treaty was
made,
on
prisoners, to
extort
confessions and revelations.
brought to Government, Lord Cardwell
Secretary for the Colonies,
was
instructed to give
the Hong
Kong Authorities notice
of
our
obligation
who
was
then
to give up fugitives
that