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believing that the prisoners have committed the crime with which they are charged I know of no legal grounds upon which his decision can be questioned; and I am of opinion that the prisoners have been lawfully placed at the disposal of the Governor according to the provisions of Ordinance 2 of 1850.
6. The question is now what action is the Governor to take? The law of this Colony leaves him full discretion. The position is this: she has in his hands, with perfect liberty (so far as the law of the Colony goes) to hand them over, eleven (11) prisoners regarding whom the lawful tribunal of the Colony charged with the duty of investigating and determining the question by regular legal process, has decided that there is probable cause for believing that they have committed the crime charged.
The duty as to handing over the prisoners is to be gathered from article 21 of the Peking Treaty which runs as follows.
"21. If criminals, subjects of China shall take refuge in Hong...