91
proof of guilt" occurring in stitiele XXI of the Treaty of Tientsin, Shaw to state that the Treaty does not prescribe the manner in which the question of the proof of guilt required by that article is to
be ascertained. By
of
Section 3
the HongKong Ordinance of 1850, to which reference has been made in prev. correspondence; the magistrate is empowered, if there appears to him to be probable cause for believing the person to have committed the offence, to commit him
6o prison
" until the gaoler.
"Shall receive
Some or der
"from the Governor relative
a
"to the further detention
tion,
"discharge, or transmissions
"of such persons to the Chinese
suthorities" ; but before.
"
4
deciding to discharge a presoner
already committed by the Magistrate the Governor would
naturally consult his Council,
H. M. Goo!, however, cannot
Imit that the Govt is bound either by the Treaty
the
02
Colonial Ordinance to accept the decision of the magistrate as conclusive, especially when further evidence is for thcoming
after the magistrate has
tted or
discharged the
Committed
person