Copy.
Copy to Canton.
Sir,
Enclosure No. 5.
106
British Legation,
Peking.
July 17th, 1922.
I have the honour to acknowledge the receipt
of your despatch of the 1st ultimo on the subject of the
Hong Kong Extradition Ordinance which has received my careful
consideration.
The late Civil-Governor of Kuangtung was not
the first to deny the authority of the recognised Government
of China, and for years Extradition proceedings have proceed-
ed smoothly with his predecessors in office who while denying
the authority of the recognised Government of China still adhered to Treaty provisions and were recognised by the Hong Kong Government as "officers administering a provincial
goverment" for the purposes of the Ordinance of 1889.
From the practical as apart from the legal
standpoint I admit I am at a loss to understand why this
state of affairs cannot continue. Fugitives may take the
point under discussion, but I should be surprised to learn
that it had been allowed or taken at this late date by the
Courts, who must be aware of the unfortunate effect of
suspending extradition and thus putting a premium on crime
for the sake of a technicality.
Extradition between Hong Kong and China may be
unilateral, but it none the less rests upon treaty provisions
His Excellency
W. Claud Severn Esquire, C.M.G.,
Acting Governor,
HONGKONG.
and