468
-80. P. 1.1
Extradition prisoners from Hongkong convicted and sentenced to death,
Enclosures.
L55 12 1*2, Consulate-General, Canton, 8th August, 1901
I have the honour to report that the first trial of prisoners extradited from Hongkong in the presence of a Consular Officer under the new procedure in such cases, has resulted satisfactorily in the conviction and sentence of death of three of the five non-accused.
Two hearings were held in the case before the Nanhai Magistrate. At the first hearing, I requested Mr. Little, who was acting temporarily as Vice-Consul during Mr. Tuyuan's absence at Fatshan, to be present, and Mr. Bly was present on the second occasion. I enclose Mr. Bly's very clear report on the proceedings. Mr. Bly's conduct of the matter appears to me to have been judicious and it will, I hope, meet with your approval.
I also enclose a copy and translation of the Viceroy's despatch embodying the report of the Nanhai Magistrate, and communicating to me the result of the trial, and stating that sentence of death has been passed on three of the accused. Of the other two, one was remanded for further inquiry, and against the fifth there appears to be little or no evidence.
I think I should point out, to explain Mr. Bly's attitude during the trial, that with respect to the four men accused of piracy on board the S.S. "Perseverance", a British ship flying the British flag, he occupied to a large extent the position of prosecutor on behalf of the Consulate-General and of the British interests concerned, and that it was his duty to press the case as far as the evidence admitted against the accused.
In the case of Lui Shoang, one of the non-convicted, Mr. Bly's position was that which could ordinarily be occupied by the Officers of this Consulate when attending the trials of prisoners extradited from Hongkong. Cheung was accused of robbery with violence committed on certain converts of one of the American Missions extradited from Hongkong at the instance of the American Consul. In his case, no British interests were involved beyond the prevention of any risk of torture being applied during the trials.
Honest Batov, 16.1:82,
[That these men should have been sentenced to death without...