His Excellency states that the delay, consequent great expense, and shifting nature of the cases render the Viceroy unwilling to demand extradition, and that the Treaty consequently risks becoming a dead letter.
2. His Excellency desires to call the attention of the Magistrates to Section III of Ordinance 2 of 1850, according to which the magistrate is to commit where there is probable cause for believing that the accused has committed the crime.
The Privy Council, in the case of the Attorney General of Hong Kong v. Kwok A-Sing, had to consider the provisions of this Ordinance and the powers of the Magistrate under it. The Judges speak of "prima facie evidence" and of the sufficiency of prima facie evidence to justify the magistrate in committing. There is a discussion on whether "probable cause" and "prima facie evidence" are synonymous terms.
2. By the Treaty of Peking, this Government is bound, certain requirements being complied with, to deliver up criminals who have taken refuge in Hong Kong.
The Magistrates cannot require such proof of guilt as would be necessary to commit under their duty, as prescribed by the Ordinance mentioned above, but only that a prima facie case has been made out.