717
It is important to the Government of Hong
Kong that the law upon this subject should be autho-
ritatively declared.
The opinion of the Law Officers is therefore
requested:-
1. Whether a telegram conveying information of the commission of a felony by a particular person is
in Law sufficient to justify a police officer or other
person is apprehending and detaining the person named:- would it be sufficient if the person named were only suspected of being the offender,
2. Would such a telegram be sufficient justifi-
cation if the offence were misdemeanour.
When Walter Jackson was apprehended it
transpired that he was an American citizen. Mr Seward the American Consul General at Shanghai, accordingly claimed him as a national, but through the American
Consul at Hong Kong intimated to the Government that
he would consider a formal application for Jackson's
rendition and meanwhile would hold him under arrest.
It was then uncertain whether the Board of
Trade would send out evidence from England and the
Colonial Secretary wrote to the Consul General making
requisition for the delivery up to justice of Walter Jackson, stating the charge against him and that a
warrant had been issued.
Mr Seward in reply after acknowledging the letter proceeded "I hold under arrest the person re-
ferred to and will detain him until the Government of
Hong Kong has had reasonable opportunity to submit to
me
Page 720Page 721