The Daily Press.
HONGKONG, JUNE 26TH, 1889.
THE CHINESE RENDITION ORDINANCE.
The ACTING ATTORNEY-GENERAL moved the third reading of the Chinese Rendition Ordinance.
The Colonial Secretary seconded.
Hon. P. RYRIE--Your Excellency, I beg to say that my opposition to this Bill still remains, and from what I heard from the Chinese, only as late as yesterday, they are as strongly against it as ever, particularly with regard to this provision:
"Provided always that whenever the Governor shall, from the Magistrate's report or otherwise, have reason to suppose that any fugitive criminal, who has been committed to the Victoria Gaol to await the further order of the Governor, has been resident in the colony for one year or upwards, the depositions and evidence taken before the Magistrate on the investigation of the case shall, together with the Magistrate's report thereon, be considered by the Governor in Council, who shall be assisted in such consideration by the Chief Justice of the colony, and the Governor in Council shall decide whether such fugitive criminal shall be surrendered or not."
that there is a reason for making this change in the law, but candidly speaking, I cannot see the least believe that there is the slightest danger.
FOR.
Hon. C. P. Chater
The Surveyor-General
AGAINST
Hon. J. J. Kale
Hon. B. Lay
Hon. Wong
The Acting Registrar-General
The Acting Colonial Treasurer
Hon. P. RYRIE--If this law rendered it more easy on the whole to get people away, which was, I must say, the original intention of the Bill--there might be something to be said in favour of the hon. member's motion, but nobody can pretend that any such outrage has been attempted here for many years past.
Hon. P. RYRIE--One occurred within the last few days, I am informed.
His EXCELLENCY--Do you mean to tell me that such a person will not be in the position of making the Government alive to the real reason of his being demanded, and do you mean to say that the fact of the Government being so made alive will not cause the most stringent measures to be taken to prevent the man being given up if he is really innocent? Unless it was strictly guarded against, the provision you propose would make it impossible to get rid of the worst criminals. The restrictions, as it is, are sufficient to render me doubtful whether in some respects there won't be much more difficulty in getting rid of those I had hoped to do--I cannot exactly explain myself--but I may say that I fear already that the loopholes made for the innocent may be availed of by the guilty, and I am not sure that it would be exceedingly difficult to make them larger in the way the hon. member suggests, without also making them much larger for those whom we desire to get rid of.
His EXCELLENCY--The Chinese don't consider that sufficient, more especially those Chinese gentlemen and merchants who come here occasionally from the Straits Settlements and protected States. They perhaps become residents only for two or three months, perhaps only one; they come here generally with funds, and have assisted in raising the value of property very much by investing their funds here. That class of visitor is one that attracts the particular attention of the runners of the Chinese mandarins, who consider them worth looking after, and if they can't bring a crime against them, will manufacture one.
Since this Council last met, I had a conversation with a gentleman who understands the subject pretty well, and he said no Chinese should be extradited who had been longer than two or three months in the Colony. Even that would not be sufficient for the class of people I have referred to. He says if a Chinaman has been here for a year or two and has advanced in prosperity and has acquired goods or property, he may be wanted afterwards, but if he has not been prosperous and is really an offender of a rather serious character, they will leave him alone. If any amendment could be made in the clause which I have read, so that Chinese visitors to the colony who may or may not have been guilty of an offence in past times, but who when they come here have a good position, should be protected, it would be a good thing.
Hon. P. RYRIE--My informant is one of the most intelligent Chinese in the Colony. He is well known to many of those here.
His EXCELLENCY--All the intelligence in the world won't upset my belief in British Governors and British Governments, to the extent that a person of the class you motion is likely to be extradited as a criminal.
His EXCELLENCY--Do you move that the third reading be opposed?
Hon. P. RYRIE--If you will allow me, I would propose that this Bill be re-committed. That would give us time to think over the matter. I have not yet considered it myself. It was only yesterday that I was visited by this Chinese gentleman, and I have therefore had no time to consider any amendment. I propose, therefore, that this Bill be re-committed with a view to introducing some such clause as a protection to the parties I have mentioned.
There being no seconder to this motion, the COLONIAL SECRETARY, at the request of His EXCELLENCY, formally seconded.
His EXCELLENCY--The objection of the hon. member is one which I do not think will bear investigation. It is perfectly monstrous to suppose that a Chinese merchant coming here from the Straits or elsewhere could, under this Ordinance, be extradited under such circumstances. While certain provisions have been put in for the satisfaction of hon. members, I do not believe that without these, there would be any such opportunity for so gross a miscarriage of justice as sending away people because they have committed some offence in years long past or because it is desired to obtain their property or that of their relations.
Hon. P. RYRIE--But it gives opportunities for threats. You must know that there are emissaries of the mandarins in Canton by hundreds in this Colony.
His EXCELLENCY--If you are going to guard against threats, I do not know of any human institution which will do that. We cannot pass any law which will prevent that. If it is perfectly well understood--I take this opportunity of saying this, as the Hon. Wong Shing and the Registrar-General are present--that the utmost attention will be given to any case where a man is leading a respectable life, and that they must resist to the utmost any attempt to blackmail them, I think they will see that they are in perfect safety here.
His EXCELLENCY--If the hon. gentleman had thoroughly thought out the matter and had put his amendment into words, we should have something to discuss. At the present moment, it is in a somewhat vague form because he does not suggest any form of words which could possibly include such persons as he mentions in the Ordinance without including the blackguards we all desire to get rid of.
Hon. P. RYRIE--I have had no time to do so. It was only yesterday afternoon that I got my information.
His EXCELLENCY--I think, under the whole circumstances, I feel so absolutely safe with regard to these people and can give such an absolute assurance of safety until this Ordinance comes into operation, that I may say, at all events, there is not the least danger in allowing it to pass. I shall give the fullest consideration to what the hon. member may suggest on a future occasion, and if anything can be devised with his assistance, by which these people can be covered and the villains excluded, no one will be more willing to entertain it than myself.
His EXCELLENCY then put the question that the third reading do pass, and declared it passed.
Hon. B. LAYTON asked whether there was not going to be a division taken on the third reading. He wished to record his vote against it.
His EXCELLENCY said there could be no division really, as there was no motion of opposition to the third reading, but if hon. members desired it, a division could be taken.
A division was then taken with the following result:
No: 292
Enclosure
Colonial Secretary to H.B.M. Cowell,
Canton.
Sir,
Colonial Secretary's Office, Hong Kong, 22 February 1897.
I am directed to inform you that your Memorandum of December last on the subject of the extradition of Chinese criminals from this Colony has received the careful consideration of this Government.
His Excellency the Governor is advised that under the existing law, a request by telegram is sufficient to warrant the Governor ordering the Magistrate to issue a warrant for the arrest of a Chinese fugitive criminal; such telegram should, however, furnish sufficient...