A.
1.
Memorandum by the Acting
Attorney-General.
337
Crimes in China.
Case I
Case II
Fugitive Offenders.
where a Chinaman commits a crime in China and escapes
to the Colony where he is caught. Result. Extradition
under Ordinance No. 7 of 1889 if the case falls within
the list in the first schedule and if he does not get
off on habeas corpus or under section 4 or from want
of proof. Otherwise he goes scot free.
where a Chinaman born in the New Territories commits
a crime in China and escapes to the Colony where he is
caught.
I believe the Chinese claim that such natives are
subjects of China and so within article XXI of the
Treaty of Tientsin and Ordinance No. 7 of 1889; but I
do not think we would admit the claim and so the result
would be that the offender would go scot free.
Case III where a Chinaman born in Hongkong commits a crime in
China and escapes to the Colony where he is caught, as
he is a British subject he will apparently be treated
as in case II, but I have not heard of such a case.
where an Englishman commits a crime in China and
escapes to the Colony where he is caught. Result: He
is sent for trial to the British Consular Court in the
place from whence he has fled. (See Piggott on Extra- -dition p.
195).
Case IT
Case V
where a German commits a crime in China and escapes to
the Colony where he is caught. Result: He must be released. (See Piggott on Extradition p. 195).