existence between civilized states. The two articles especially provide that in case of Chinese criminal taking refuge in this colony - proof of guilt he shall be delivered, and that in case of debts incurred, arrangements for recovery of such debts must be made by the English court of justice. Supposing the Ordinances 2 of 1850 and 2 of 1871 not to be the laws which we have above stated seems doubtful, then there is no extremely clear provision whatever in existence which enables His Excellency the Governor to carry out the Fremantle Treaty.
There is no law in Hong Kong under which Leong a Fui can be detained. Lord Justice Mellish says "There is no doubt that in England a treaty confirmed by Act of Parliament would be sufficient to enable a person to be given up." How far this may belong, I don't know. I humbly submit to His Excellency that he cannot order Leong a Fue to be delivered to torture and execution by the Chinese Authorities unless...