Francis' objection had been raised,
but Lord Justice Hely Hutchinson who delivered the judgment stated with the appeal being argued that he had an impression that the court had not jurisdiction to make an order.
As laid down in Ordinance 2 of 1871, the Privy Council decided that, pointed out an
Extradition Treaty between England and China in the ordinary sense of the word, we would call the attention of His Excellency to the fact that there are two Articles, No 21 and 23 which refer to the criminal and civil jurisdiction of the British subjects - piracy jure gentium was not an extradition case.
It became unnecessary as Ordinance 2 of 1850 was in force and nothing is said about it in the judgment. With reference to the Tientsin Treaty which is not necessary to decide whether we have above pointed out this, it was considered when dealing with China that the law of extraterritoriality is in force as to Europeans to induce clauses which are not to be found as far as we are aware in any Treaties in force.
THE