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COPY. No. 7605/1907.
Sir,
Government House,
20474 Hongkong, 8th. June, 1911.
&
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10 JUL II
163
I have the honour to acknowledge receipt of your letter of 29th. May, 1911, enclosing a typed copy of your sum-
-ming up in the prosecution under Ordinance 15 of 1907. I cannot
myself see any anomaly in the fact that the offence of which the
accused was convicted would be considered as a political offence
for purposes of extradition and his surrender refused, yet the
offence if committed in Hongkong is punished.
Ordinance 15 of 1907 was based on a principle
already recognised by His Majesty's Government, in the China and Korea Order in Council and was not disallowed by His Majesty. Clearly the offence it creates is not one for which a person
could be extradited first because it refers to an act done in
this Colony and not in China, and secondly because it is of a political nature, and therefore opposed to the principle governing
the selection of the classes of crime to which extradition laws
apply.
If "in this case the Government has discarded the
principles of asylum which we are to afford to political
criminals" it is first because of the extreme proximity of this
Colony to the capital city of South China, and secondly because
the offence created refers not to past acts of the accused but to
active and continuing acts calculated to stir up tumult in China.
I am not aware that the Ordinance was passed on
the advice of the Home Government as stated by Your Honour.
I have etc.,
(Sd.) F. D. Lugard,
*JIAN. 10,
Jo1b17 1, tobianco osna[4
His Honour
The Chief Justice.
Governor,&c..