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811
.Y 400
COPY.
(To accompany No. III ›
Translation.
Tai Chiao Pu to H. M. Minister.
119
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Peking, February 3rd., 1914.
I have the honour to acknowledge the receipt of Your Excel- -lancy's Note of the 29th. January with reference to the extradition of
Chung Haiu-nan. I would observe that Article 21 of the Treaty of Tient-
-sin states as follows: "If criminals, subjects of China, shall take refuge in Hongkong they shall upon due requisition by the Chinese authorities be searched for, and on proof of their guilt be delivered
Again in the Regulations of 1850 for the extradition from Hongkong of fugitive criminals it is stated that "after enquiry before the Police Magistrate if it appears probable that the criminal has been guilty of the offence with with he is charged, the criminal may be committed to prison pending the Governor's decision“.
In the present case the Hongkong Police liagistrate has heard
the evidence of Chung Hsiu-nan's guilt and has made an order committing
him to gaol; and the Chinese Government hasapplied for his extradition.
It follows from the passages above quoted that the Governor should
issue an order that he be handed over to the Chiness local authorities
for trial and punishment, according to Treaty; he should not permit him to apply for a writ of liabeas Corpus or appeal to the Privy Council in order to conform to the provisions of the Treasties hitherto observed.
I have the honour to request Your Excellency to communicate with the Governor of Hongkong in order that he may order the speedy extradition of the criminal in question, with a view to his trial and
punishment.
I avail
(Seal of the Wai Chiao Pu.)
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