57

actually is a case where a well known pirate not only makes

his base in Hong Kong and invests his ill gotten fortune

in the Colony, but when he is at last caught by the police, he is able to obtain his release on payment of $10,000.

The Canton Government can afford to be blandly courteous

in its communication on the subject, when it has been

provided with such an admirable retort to any further

complaints regarding Bias Bay.

4.

5.

As regards the extradition question, I am

grateful for the Attorney General's opinion enclosed with

Your Excellency's despatch No.307. I see that Sir Joseph

Kemp agrees with my view that it is for the Governor and

not for the Courts to decide whether the requisition is

properly made by an officer of the Chinese Government, for

he says that "no doubt the Courts in Hong Kong would act

on a certificate from the Governor on such a point".

In reply to the questions in paragraph 6 of

his opinion, I would say that the requisition would

probably be signed by General Li Chai-sum as chairman of

the Provincial Government of Kwangtung and, subject to

instructions from His Majesty's Minister, I would have no

hesitation in advising Your Excellency to sign a certific-

ate that His Majesty's Government recognize him as the

officer administering a provincial government of the

republic of China, for the purpose of carrying out the

treaties between Great Britain and China. My reasons for

doing so are already fully set out in my despatch to you,

No.305 of August 5th.

6.

In addition, I would point out that no one

has been more insistent than Your Excellency in urging

the maintenance of treaty rights, if necessary by force,

and

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