CO129-219 Foreign Office 1884 — Page 393

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Council; and that H.M. Govt cannot admit that this Govt is bound either by the Treaty or the Diplomatic Order to accept the opinion of the magistrate as conclusive, especially when further evidence is forthcoming after the magistrate has committed or discharged the person whose extradition is sought.

As regards the nature of the "proof of guilt" intended by the Treaty, Lord Derby thinks it may be conceded that it does not mean "such absolute proof as would be necessary to support a final conviction", and that it may be said that in the case in question the expression "prima facie evidence" is used in the Judgment Kwok a Sing Law Rep. 5 P.C. 199. The judgment speaks of prima facie evidence. In the case referred to, the Governor & Executive Council were not satisfied that there was presumptive proof of the guilt of the eleven accused persons.

The Marquis Tseng might be informed that on these grounds H.M. Govt must decline to order the rearrest of the fugitives, the eleven.

I am to take this Opportunity, with reference to the last paragraph of your letter of the 19 ult respecting extradition from the Straits Settlements & from Hong Kong.

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## Council; and that H.M. Govt cannot admit that this Govt is bound either by the Treaty or the Diplomatic Order to accept the opinion of the magistrate as conclusive, especially when further evidence is forthcoming after the magistrate has committed or discharged the person whose extradition is sought. As regards the nature of the "proof of guilt" intended by the Treaty, Lord Derby thinks it may be conceded that it does not mean "such absolute proof as would be necessary to support a final conviction", and that it may be said that in the case in question the expression "prima facie evidence" is used in the Judgment Kwok a Sing Law Rep. 5 P.C. 199. The judgment speaks of prima facie evidence. In the case referred to, the Governor & Executive Council were not satisfied that there was presumptive proof of the guilt of the eleven accused persons. The Marquis Tseng might be informed that on these grounds H.M. Govt must decline to order the rearrest of the fugitives, the eleven. I am to take this Opportunity, with reference to the last paragraph of your letter of the 19 ult respecting extradition from the Straits Settlements & from Hong Kong. Page 332

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Concil; and that H. th. fort Cannot admit that this for in bound wither by the Treaty or the dial Ordre to accept the opinion of the magistrate as conclusive expecially when further widence, is fortherning after the magistrate has committed or discharged the person whose extradition is sought. 3. As regards the nature of the "proof of guilt" "intended by the Treaty Lord Derby thinks fes * that it be шај Conceded, that it does not mean "such absolute froop އބ would ben несенот to support a final conviction, and that it it may be said that in the case in question Attomes Senoud wher 2. Kwok a Sing Law Rep. 5P.C. 199 sxpression the judgment speaksy prima facie svidence is used in the "Judgment 332 the fovernor & Executive Conmail were not satisfied that there was presumptive proop of the guilt of the Eleven accused persons. 4. The Marquis Teens might be informed that an these grounds H.M. fort must decline to order the rearrest of fugitives the eleven 5. Jam to take thing Opportiunt, with reference to the last paragraphe of your latter of the 19 ult respecting thinece the Straits. extradition from Settlements & from Hking,

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Concil; and that H. th. fort

Cannot admit that this for in bound wither by the Treaty or the dial Ordre to accept the opinion of the magistrate as conclusive expecially when further widence, is

fortherning after the magistrate

has committed or

discharged

the person whose extradition

is sought.

3. As regards the nature

of the "proof of guilt" "intended

by the Treaty Lord Derby thinks

fes

that it

шај Conceded, that it does

not mean "such absolute

froop

އބ

would ben

несенот

to support a final conviction,

and that it

it may

be said

that in the case in question

Attomes Senoud

wher

2. Kwok a Sing Law Rep. 5P.C. 199 sxpression the judgment speaksy prima facie svidence is used in the "Judgment

332

the fovernor & Executive

Conmail

were not satisfied

that there was presumptive

proop of the guilt of the

Eleven accused persons.

4. The Marquis Teens

might be informed that

these grounds H.M. fort

must decline to order

the rearrest of

fugitives

the eleven

5. Jam to take thing Opportiunt, with reference

to the last paragraphe

of your latter of the 19 ult respecting thinece

the Straits.

extradition from Settlements & from Hking,

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