Enclosure No. 3.
102
Paraphrase of Cypher Telegram.
From
H.B.M. Minister, Peking.
To
Governor, Hong Kong.
Date
28th September, 1921.
With reference to your despatch of September 9th I consider
it impossible to overcome political opposition to legislation
proposed. Under present ordinance officers with provincial
de facto authority have, I fully believe, carried on proceed- ings for extradition satisfactorily and unfailingly since
revolution, and the interpretation of Chinese Government now
used, i.e. "Officer administering a provincial Government"
is I consider more fitted to conditions locally and safer
than any other. At a very unfortunate moment the Hong Kong
Courts will be raising most unpleasant issues of diplomatic
importance if they think fit to question now the suitability
of this interpretation, but rather than that we should
recognize formally and spontaneously the partition of China
I should prefer such an issue to arise.
I very much fear that the resulting confliction
with treaty basis of all proceedings connected with extrad-
ition may be considered as grounds for not allowing the
legislation proposed, if the views of the Court are maintain-
ed.
It would be unfortunate to suspend in any way or
for any cause whatsoever, extradition; and would it not be
advisable, in order to find a possible solution, to refer
the question to Law Officers of the Crown. I have repeated
this to Canton.
ALSTON.