600
(22206/11)
His Majesty's Government are careful not to take any action
in the way of securing fugitives by asking for their return
in this way.
It is left entirely to the discretion of the
immigration authorities of the foreign state concerned.
In dealing with a country like China and in view of the
considerations already set out, Sir E. Grey entertains
grave doubts as to the expediency of persons deported, who
are known to be wanted for an offence in China, being
deliberately handed over to the Chinese authorities. He
gathers that this is also the view of Sir F. Lugard.
Passing to paragraph 4 of your letter Sir E. Grey con-
curs in the views therein expressed. The judicial authori-
ties in Hongkong, and they alone, are competent - as indeed
they are bound by the provisions of the Extradition Acts
to consider the evidence on which surrender is granted. It
has nothing to do with the British Consul in Canton, whose
functions should be restricted to watching a case of a
prisoner surrendered from Hongkong, and protesting if he
considered he was not accorded a fair trial, or that the
sentence